MUNICIPAL  CODE 


OF   THE 


South  Park  CommissioNERs 


WITH 


GENERAL  LAWS 


AND 


SPECIAL  ORDINANCES 


AS    REVISED    AND   CODIFIED 
BY 

JAMES  R.  MANN.    ^ 


PRINTED   AND   PUBLISHED    BY   AUTHORITY   OF 
THE    SOUTH    PARK   COMMISSIONERS. 


APPROVED   MARCH,   1897. 


ClIKACiO: 

K.  iJ.  MYERS  &  COMPANY. 

LAW     I'lBMSHEKS, 

1897 


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> 

MUNICIPAL  CODE 


SOUTH   PARK  COMMISSIONERS 


GENERAL  LAWS 

AND 

SPECIAL   ORDINANCES 


AS  REVISED  AND  CODIFIED 

BY 

JAMES  R.  MANN. 


PRINTED  AND  PUBLISHED  BY  AUTHORITY 
OF  THE  SOUTH  PARK  COMAHSSIONERS. 


APPROVED  MARCH,  1897. 


CHICAGO: 
E.   B.   MYERS  .<:  COMPANY 
LAW    PUBLISH KKS. 
1897.  yf-    ■ 


C4'iv 


ORDINANCE 


CONCERNING  THE  PRINTING  AND  PUBLISHING  OF  THE  MU- 
NICIPAL CODE  OF  THE  SOUTH  PARK  COMMISSIONERS. 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  the  Municipal  Code  of  the  South  Park  Commis- 
sioners as  revised  and  codified  in  chapters  and  sections  by  James 
R.  Mann,  South  Park  Attorney,  together  with  the  general  laws  af- 
fecting said  South  Park  Commissioners,  and  Charters  and  Special 
Ordinances  granting  certain  privileges,  be,  and  the  same  are  here- 
by ordered  printed  and  published  by  authority  of  the  South  Park 
Commissioners  in  book  form,  and  the  said  Municipal  Code  of  the 
\  South  Park  Commissioners  is  also  hereby  ordered  printed  and  pub- 

Vi  lished   by   the   authority   of    the    South    Park    Commissioners    in 

C^  pamphlet  form. 


■» 


State  of  Illinois, 
County  of  Cook.  y   ss. 

S  South  Park  Commissioners. 


■•  I,  E.  G.  Shumway,  Secretary  of  the  South  Park  Commissioners  in 

^        the  County  and  State  aforesaid,  and  keeper  of  all  papers,  entries, 

J|        records  and  ordinances  of  said  South  Park  Commissioners,  do  hereby 

y;*         certify  that  the  above  and  foregoing  is  a  true  copy  of  an  ordinance 

entitled  "An  ordinance  concerning  the  printing  and  publishing  of  the 

Municipal  Code  of  the  South  Park  Commissioners,"  passed  by  the 

South  Park  Commissioners  at  a  regular  meeting  held  on  the  10th 

day  of  March.  A.  D.  1897. 

I  further  certify  that  I  am  the  keeper  of  the  original  ordinance  of 
which  the  foregoing  is  a  certified  copy,  and  that  the  same  is  on  file 
in  my  office. 

IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand  and  affixed 
the  seal  of  the  South  Park  Commission- 
ers this day  of 

A.  D.  1897. 


Secretary  of  the  South  Park  Commissioners. 


SOUTH  PARK  COMMISSIONERS 


FROM 


Organization  of  the  Board  to  1897. 


ORIGINAL  COMMISSIONERS  APPOINTED  APRIL  16,  1869. 

Chaunxey  T.  Bowen.  Paul  Cornell. 

George  \V.  Gage.  John  M.  Wilson. 

L.  B.  SiDWAY. 


TERM  OF  SERVICE. 

Chauncey   T.  Bowen,    April    16,  1869,   to    February,   1871,    resigned; 

March,  1873,  to  June,  1877,  resigned. 
Potter  Palmer  to  succeed  Chauncey  T.  Bowen,  resigned,  February, 

1871,  to  :\Iarch,  1875. 
George  W.  Gage,  April  16,  1869,  to  September  25,  1875,  deceased. 
Paul  Cornell,  April  16,  1869,  to  March,  1882. 
L.  B.  SiDWAY,  April  16,  1869,  to  March,  1879. 
James  Morgan,  March,  1875,  to  March,  1880. 
Cornelius  Price,  to  succeed  George  W.  Gage,  deceased,  December 

4,  1875,  to  March,  1881. 
John  B.  Sherman,  to   succeed  Chauncey  T.  Bowen,  resigned,  June, 

1877,  to  March,  1898. 
John  R.  Walsh,  March,  1879,  to  March,  1889. 
Martin  J.  Russell,  March,  1880,  to  March,  1894,  resigned. 
Bernard  Callaghan,  March,  1881,  to  March,  1886. 
Louis  Wahl,  March,  1882,  to  March,  1889,  resigned. 
William  Best,  March,  1886,  to  March,  1901. 
Ja.mes  W.  Ellsworth,  to  succeed  Louis  Wahl,  resigned,  March,  1889, 

to  March,  1902. 
Joseph  Donnersberger,  March,  1889,  to  March,  1899. 
Jefferson   Hodgkins,  to    succeed    Martin  J.  Russell,  resigned, 

March,  1894,  to  March,  1900. 


OFFICERS,  1896-7. 


President, 

Auditor, 

Secretary^ 

Treasurer, 

Superintendent, 

Attorfiey, 


James  W.  Ellsworth 
Jefferson  Hodgkins 
Edward  .G.  Shumway 
John  R.  Walsh 
J.  F.  Foster 
James  R.  Mann 


OFFICERS,  1897-8. 


President, 

Atiditor, 

Secretary, 

Treasurer, 

Superintenden  t, 

At-torney, 


James  W.  Ellsworth 
Joseph  Donnersberger 
Edward  G.  Shumway 
John  R.  Walsh 
J.  F.  Foster 
James  R.  Mann 


TABLE  OF  CONTENTS. 


Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter  8 
Chapter  9 
Chapter  10 
Chapter  11 
Chapter  12 


MUNICIPAL    CODE. 

Page. 

Actions,  arrests,  trials  and   punishment 5 

Animals,  bicycles  and  other  vehicles 13 

Boulevards,  carriage-walks  and  street  openings..  17 

Buildings    21 

Contracts  and   disbursements 27 

Meetings  and  rules  of  order 30 

Misdemeanors    32 

Officers    42 

Ordinances   45 

Police  department    47 

Railroads  50 

Repeal  52 


STATUTES    AND    DECISIONS, 
RELATING    TO    THE    SOUTH    PARK    COMMISSIONERS. 

Original   Charter    53 

Amendment  to  charter,  Act  of  April  16,  1869 68 

Completion  and  Management: 

Bonds  and  special  assessments  authorized — Act  of  June  16, 

1871    70 

Drives  to  Public  Parks: 

Commissioners  authorized  to  take  streets  for  drives,  Act  of 

April   9,    1879 87 

Amendment  to  section  2  of  Act  of  April  9,  1879 89 

Amendment  to  section  1  of  Act  of  April  9,  1879,  as  amended.     91 
Act  of  June  21,  1895 93 

Transfer  of  Parks  to  Commissioners: 

Transfer  of  parks  under  the  control  of  cities  to  the  commis- 
sioners authorized.  Act  of  April  11,  1885 102 

Condemnation  to   make  boulevards    of   uniform   width.   Act   of 
June  14,  1887  103 

Improvement  and  Maintenance  of  Parks: 

One  mill  tax.  Act  of  June  26,  1885 105 

One  mill  additional  tax.  Act  of  June  17,  1893 106 

Two  mill  additional  tax.  Act  of  June  17,  1895 107 

Sale  of  lands  not  needed  for  park  purposes 108 


ii  TABLE  OF  CONTENTS. 

Appointment  of  commissioners  by  governor 109 

Extension  of  drives  on  Lake  Shore.,. Ill 

Logan  Monument: 

Commissioners  appointed  and  authorized  to  erect  monu- 
ment, Act  of  February  10,  1887 114 

Amendment,  authorizing  use  of  parlv  for  location  of  monu- 
ment. Act  of  May  31,  1887 115 

World's  Columbian  Exposition,  Act  of  August  5,  1890 117 

Maintenance  of  Boulevards: 

Park  authorities  authorized  to  levy  special  tax.  Act  of  June 

17,   1893 122 

Field  Museum: 

Museums  in  public  parks,  Act  of  June  17,  1893 125 

Improvement  by  Special  Assessment: 

Local  improvements  by  special  assessments  authorized.  Act 
of  June  24,  1895 126 

LANDS. 

Lands  originally  taken 135 

Alteration  in  Boundary  Lines: 

Resolution  authorizing  petition  to  Circuit  Court  for  change 

in   boundaries    137 

Order  in  Circuit  Court,  entered  May  20,  1872 140 

Resolution  showing  boundary  lines  as  changed 145 

Michigan  Avenue  and  Thirty-fifth  Street  Boulevards: 

Resolution  of  commissioners  taking  parts  of  Michigan  ave- 
nue and  Thirty-fifth  street  as  boulevards 147 

Ordinance  of  city  council  giving  consent  to  transfer  to  com- 
missioners of  Michigan  avenue  to  Thirty-fifth  street  and 
part  of  Thirty-fifth  street 148 

Resolution  of  commissioners,  taking  Michigan  avenue,  from 

Thirty-fifth  street  to  Fifty-fifth  street 150 

Ordinance  of  city  council  giving  consent  to  transfer  to  com- 
m.issioners  of  Michigan  avenue,  from  Thirty-fifth  street 
to  Thirty-ninth  street 150 

Ordinance  of  the  village  of  Hyde  Park  giving  consent  to 
transfer   to    commissioners    of   Michigan    avenue,    from 

Thirty-ninth   street    to    Fifty-fifth    street 152 

East  Jackson  Street: 

Ordinance  of  city  council  giving  consent  to  transfer  to  com- 
missioners of  Jackson  street,  east  of  the  river 154 

Ordinance  of  city  council  amending  the  ordinance  giving 
consent  to  transfer  of  Jackson  street 157 

Agreement  betw^een  commissioners  and  city,  providing  for 
free  water  to  commissioners 158 


TABLE  OF  CONTENTS.  iii 

Ordinance  taking  Jackson  street  under  control  of  commis- 
sioners      159 

Resolution  of  commissioners  taking  Jackson  street 161 

Lake  Front  Park: 

Ordinance  of  city  council  granting  consent  to  commissioners 

to  take  and  control  Lake  Front  Park 162 

Ordinance  of  commissioners  taking  Lake  Front  Park 166 

MISCELLANEOUS   ORDINANCES,   RESOLUTIONS  AND 

COMMUNICATIONS. 

Atchison,  Topeka  &  Santa  Fe  R.  R 169 

Bonds  issued   in  connection  with  the  World's  Fair 172 

Chicago  &  Caluriet  Horse  &  Dummy  Ry.  Co 180 

Chicago  &  Northern  Pacific  R.  R 182 

Chicago  &  South  Side  Rapid  Transit  R.  R.  Co 186 

Chicago  &  Western  Indiana  R.  R 189 

Chicago  City  Railway   Co 196 

Chicago  Telephone  Co 245 

Field    Columbian    Museum 246 

Grand  Trunk  Railroad 248 

Hyde  Park  Gas  Co 251 

Japanese  Buildings  in  Jackson  Park 252 

United  States  Life  Saving  Station 255 

Lake  Shore  &  Michigan   Southern  Ry.  Co.   and  Chicago,   Rock 

Island  &  Pacific  R.  'R.  Co 257 

Mutual  Fuel  Gas  Co 263 

Pennsylvania  Railroad  Co 264 

Pittsburg,  Cincinnati,  Chicago  &  St.  Louis  R.  R.  Co 270 

Universal  Gas   Co 274 

World's  Columbian  Exposition 275 


MUNICIPAL  CODE 

OF    TIIK 

SOUTH  PARK  COMMISSIONERS. 


CHAPTER   I. 

ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENT. 

1.  Actions,  how  brought.  10.  Who  may  make  arrests. 

2  and  3.  Statement.  11.  Detention  of  prisoners. 

4.  Suit  for  fines,  penalties,  etc.  3  2  and  13.  Special  bail. 

5.  First      process— different      of-  14.  Judgment  against  surety. 

fenses.  15.  Manner  of  trial. 

6.  Form  of  summons.  16.  Commitment. 

7.  Complaint,  warrant  to  issue.  17.  Imprisonment  till  fine  paid. 

8.  Form  of  warrant.  18.  Power  to  remit  fine. 

9.  Arrest  without  process.  19.  Penalty. 

Be  It  Ordaixkt)  by  the  South  Park  CoAr.MissioxERs: 

Section  1.  Actions,  how  brought.  Actions,  suits 
and  prosecutions,  for  the  violation  of  any  ordinance  of 
the  South  Park  Commissioners,  shall  be  i)rosecuted  in 
the  name  of  the  "South  Park  Commissioners,"  before 
nuy  police  magistrate  or  any  justice  of  the  peace  of  any 
of  the  towns  of  South  Chicago,  Hyde  Paik  and  Lake,  in 
the  County  of  Cook  and  State  of  Illinois. 

Sec,  2.  Statement,  cause  of  action.  IW  loic  any 
suit  sliall  b«'  brought  \u  tlic  name  of  theSouthl/arkConi- 
missioners  for  the  recovery  of  any  fine,  penalty  or  for- 
feiture, by  suiinuons  only,  the  person  prosecuting,  or 
some  one  on  his  beliall",  shall  file  a  written  statement, 
signed  by  him,  substantially  setting  forth  tlic  cause  of 
action. 


e  MUNICIPAL    CODE. 

Sec.  3.  Statement,  defect  in  form.  The  statement 
made  may  include  several  persons  charged  with  the 
same  violation  of  any  ordinance.  No  snit  shall  be  dis- 
missed for  any  defect  of  form  in  the  statement.  All  pa- 
pers and  processes  may  be  amended  in  the  discretion  of 
the  court  before  whom  the  action  is  pending. 

Sec.  4.  Suit  for  fines,  etc.  All  fines,  forfeitures, 
penalties  and  costs,  imposed  against  any  person  by  any 
ordinance,  for  the  breach  thereof,  maj  be  recovered  by 
suit,  and  judgment  may  be  rendered  and  collected  by 
execution  or  other  process,  and  all  fines  and  mone^^  so 
collected  shall  be  paid  to  the  South  Park  Superin- 
tendent within  ten  daj^s  after  collection. 

Sec.  5.  First  process,  different  offenses.  In  all  ac- 
tions and  suits  for  the  violation  of  any  ordinance,  the 
first  process  shall  be  a  summons  in  all  cases  w^here  no 
warrant  is  issued,  and  where  arrest  upon  view,  without 
process,  is  not  made.  No  prosecution,  recovery  or  ac- 
quittal, for  the  violation  of  any  ordinance,  shall  consti- 
tute a  defense  to  any  other  prosecution  of  the  same 
party  for  any  other  violation  of  such  ordinance,  al- 
though the  different  causes  of  action  existed  at  the  same 
time,  and  if  united,  would  not  have  exceeded  the  juris- 
diction of  the  court,  justice  or  magistrate. 

Sec.  6.  Summons,  form  of.  Summons  may  be  in 
the  following  form,  to-wit: 

State  of  Illinois,  \ 

Countv  of  Cook,  ( 

'  >  ss. 

City  of  Chicago,  I 

South  Park  Commissioners./ 

The  People  of  the  State  of  Illinois,  to  any  captain  or 

sergeant  of  police,  or  policeman  or  special  policeman  of 


ACTIONS,   ARRESTS,   TRIALS  AND   PUNISHMENT.  7 

the  South  Park  Commissioners  or  the  City  of  Chicago, 
or  to  any  constable  of  said  county,  GREETING :  You 
are  hereby  commanded  to  summon  A.  B.  to  apx)ear  be- 
fore me  at  my  office  at on  the 

day  of A.  D.,  18. .,  at  . .  o'clock  .  .m.,  to 

answer  the  complaint  of  the  South  Park  Commission- 
ers, for  a  failure  to  pay  the  said  South  Park  Commis- 
sioners a  certain  demand  not  exceeding  two  hundred 
dollars;  and  hereof  make  due  return  as  the  law  directs. 
Given  under  my  hand  and  seal  this day  of 

A.  D.,  18.. 

(Seal.) 

Justice  of  the  Peace. 

Sec.  7.  Complaint,  warrant  to  issue.  Whenever 
any  person  shall  make  complaint  in  writing,  verified  by 
affidavit,  to  an,y  police  magistrate  or  justice  of  the 
peace,  as  aforesaid,  having  his  office  in  any  of  the  towns 
aforesaid,  and  shall  state  in  said  complaint  that  any  or- 
dinance of  the  said  South  Park  Commissioners  has  been 
violated,  and  that  he,  the  comj^lainant,  has  reasonable 
grounds  to  believe  that  the  pei*son  charged  in  such  com- 
plaint with  such  violation  is  guilty  thereof,  said  magis- 
trate or  justice  may  issue,  in  the  first  instance,  a  war- 
rant for  the  arrest  of  the  person  so  charged. 

Sec.  8.  Warrant,  form  of.  Warrants  may  be  in 
the  following  form : 

State  of  Illinois, 
County  of  Cook, 
City  of  Chicago, 
South  Park  Commissioners. 

The  People  of  the  State  of  Illinois,  to  any  captain  or 
sergeant  of  police,  or  policeman  or  special  policeman 


8  MUNICIPAL    CODE. 

of  the  South  Park  Commissioiiers  or  the  City  of  Chi- 
cago, or  to  any  constable  of  skid  count}- ,  GREETING : 
Whereas,  an  affidavit  has  been  made  before  the  under- 
signed, a  justice  of  the  peace  of  said  county,  by 

that on  or  about  the 

day  of A.  D.,  18. .,  within  the  jurisdiction  of 

said  city,  in  violation  of  Section  .  . ,  of  an  ordinance  of 

the  South  Park  Commissioners,  passed  on  the 

day  of A.  D.,  18.., 

You  are,  therefore,  hereby  commanded  to  arrest  the 

said and  bring forthwith  before 

me  at  my  office  at ,  then  and  there  to  an- 
swer to  the  said  South  Park  Commissioners  on  the 
charge  above  specified,  and  abide  such  further  order 
as  may  be  made  concerning  such  charge;  and  hereof 
make  due  service  and  return  as  the  law  directs. 

Given  under  my  hand  and  seal  this day 

of A.  D.,  18.. 

(Seal.) 

Justice  of  the  Peace. 

Sec.  9.  Arrest  without  process.  Whenever  any 
person  shall  be  arrested  on  view  without  process,  and 
shall  be  taken  before  any  court,  the  magistrate  or  jus- 
tice shall  note  upon  his  docket  the  cause  of  such  arrest, 
as  stated  by  the  officer  making  the  arrest,  and  proceed 
to  hear  and  determine  the  cause  in  the  same  manner  as 
if  the  defendant  had  been  arrested  by  warrant. 

Sec.  10.  Arrest,  who  may  make.  The  captain  or 
police  sergeant,  special  and  other  police  officers,  hav- 
ing jurisdiction  within  the  South  Park  district,  are 
hereby  severally  authorized  to  arrest  on  view,  with  or 
without  process,  any  person  who  may  break  the  peace 


ACTIONS,    ARRESTS,   TRIALS   AND   PUNISHMENT.  9 

or  violate  auv  ordinauce  of  the  South  Park  Commis- 
sioners, and  to  take  such  person  before  anj'  police  mag- 
istrate or  justice  of  the  peace  whose  oflSce  is  located  in 
any  town  within  said  South  Park  district,  without  un- 
necessary delaj^ 

Sec.  11.  Detention  of  prisoners.  In  case  such  ar- 
rest is  in  the  night  or  on  Sunday,  the  person  arresting- 
may  detain  the  person  arrested  over  night  or  over  Sun- 
day in  any  police  station  of  the  City  of  Chicago  within 
said  South  Park  district,  or  any  safe  place,  until  such 
person  so  arrested  can  be  brought  before  said  magis- 
trate or  justice  of  the  peace  for  trial,  without  unneces- 
sary delay. 

Sec.  12.  Continuance,  special  bail.  If  for  any 
cause  a  continuance  is  granted  a  defendant  under  ar- 
rest, he  ma}'  give  special  bail  for  his  appearance  before 
the  court. 

Sec.  13.  Personal  property  taken  as  bail.  In 
place  of  special  bail,  money  or  personal  property  and 
choses  in  action,  of  sufficient  value  to  satisfy  the  prob- 
able judgment  or  fine  and  costs,  may,  in  the  discretion 
of  the  court,  be  taken;  in  which  case,  an  endorsement, 
pledging  the  property  taken  for  the  appearance  of  the 
defendant  at  a  certain  time  and  place  before  a  certain 
justice  of  the  peace,  shall  be  put  upon  the  back  of  the 
said  warrant,  and  signed  b}'  the  person  under  arrest. 
And  in  case  the  person  arrested  shall  have  in  his  or  her 
possession,  a  bicycle,  the  officer  making  the  arrest, 
may,  in  his  judgment,  receive  from  such  person,  such 
bicycle,  and  a  pledge  in  the  following  form,  to-wit: 

I,  A.  B.,  pledge  the  following  described  i)roperty,  to- 
wit:  for  my  appearance  before 

,  a  justice  of  the  i)eace,  on  the 


10  MUNICIPAL    CODE. 

day  of ,  A.  D.,  18.  .,  at  .  .  o'clock  .  .in.,  on 

said  day  at  his  office,  hereby  waiving  any  and  all  rights 
of  exemption. 

WITNESS  my  hand  and  seal,  this day  cf 

A.  D.,  18.. 

(Signed.)  A.  B.   (Seal.) 

and  npon  receiving  such  property  and  pledge,  the  offi- 
cer making  the  arrest  may  permit  the  person  arrested 
to  go  free. 

Sec.  11.  Judgment  against  surety;  sale  of  per- 
sonal property.  Upon  the  trial  of  any  cause  in  which 
special  bail  shall  have  been  given,  if  the  defendant  shall 
be  found  guilty,  judgment  shall  be  rendered  against 
both  principal  and  surety  (in  the  special  bail)  for  the 
amount  of  the  fine  assessed  by  the  court  or  jury,  and  all 
costs  that  may  have  accrued.  In  case  personal  prop- 
erty or  choses  in  action  were  given  in  lieu  of  special 
bail,  and  judgment  is  rendered  against  the  defendant, 
execution  shall  issue,  and  said  property  be  sold  under 
it.  Exemption  rights  shall  be  waived  by  making  such 
pledge  of  said  property  or  choses  in  action.  When  ar- 
rests are  made  at  night,  or  on  Sunday,  the  captain  and 
sergeants  of  police  may  take  special  bail,  in  form  pro- 
vided by  this  chapter. 

Sec.  15.  Manner  of  trial.  The  manner  of  conduct- 
ing trials,  granting  continuances  and  changes  of  venue, 
subpoenaing  witnesses,  summoning  and  impaneling 
juries,  and  taking  api^eals,  shall  be  the  same  as  in  civil 
cases  before  justices  of  the  peace. 

Sec.  16.  Commitment.  Commitment  of  any  person 
shall  be  by  process  under  the  hand  of  the  court,  which 
shall  have  made  the  order  for  such  commitment. 


ACTIONS,   ARRESTS,    TRIALS   AND   PUNISHMENT.         11 

Hec.  17.  Imprisonment  for  non-payment  of  fine. 
In  all  cases  where  any  persoii,  convicted  of  a  bieacli  of 
any  of  the  ordinances  of  the  South  Park  Commissioners, 
shall  fail,  neglect  or  refuse  forthwith  to  pay  any  fine  or 
penalty  and  costs  which  may  be  adjudged  against  him, 
it  shall  be  competent  and  lawful  for  the  court  or  justice 
of  the  peace  before  whom  such  conviction  is  had,  to  or- 
der that  such  person  so  convicted  as  aforesaid,  shall  be 
committed  to  the  jail  of  Cook  County,  to  the  bridewell 
or  house  of  correction,  or  an}-  police  station  of  the  City 
of  Chicago  or  other  place  provided  by  the  South  Park 
Commissioners  for  the  incarceration  of  offenders  in 
such  cases,  there  to  remain  until  such  fine,  j)enalty  and 
cost  shall  be  fully  paid  or  otherwise  legally  discharged; 
Provided,  that  no  such  imprisonment  shall  exceed  six 
months  for  any  one  offense.  In  all  cases  where  any 
person  is  so  committed  to  the  bridewell  or  house  of 
correction  of  the  Citj^  of  Chicago,  he  or  she  shall  be  re- 
quired to  work  at  such  labor  as  his  or  her  strength 
will  i^ermit,  not  exceeding  ten  hours  each  working  day, 
and  for  such  work,  the  person  so  employed  shall  be  al- 
lowed, exclusive  of  his  or  her  board,  fifty  cents  for  each 
day's  work,  to  be  applied  in  payment  and  satisfaction 
of  the  fine  and  costs  imposed  upon  such  person. 

Sec.  18.  Power  to  remit  fine.  The  President  of 
the  South  Park  Commissioners  shall  have  the  power  to 
commute,  release,  remit,  suspend  or  diminish  any  judg- 
ment or  fine  rendered  or  imposed  for  violation  of  any 
ordinance,  but  no  other  officer,  judicial  or  ministerial, 
shall  have  power,  except  by  direction  of  the  President 
of  the  South  Park  Comniissioners,  to  commute,  release, 
remit,  suspend  or  diuiiiiisli  any  judgnuMit  or  fine  ren- 
dered or  imposed  for  violation  of  any  ordinance,  nor  lo 


12  MUNICIPAL    CODE. 

give  time  for  the  payment  of  any  sueli  judgment  or  fine; 
but  tlie  officer  rendering  sueli  judgment,  shall,  unless 
the  same  be  paid  immediately^  upon  the  rendition  of  the 
same,  issue  the  proi>er  i:)rocess  for  the  collection  of  sucli 
judgment  or  for  the  committal  of  the  j)erson  against 
Avhom  the  same  was  rendered. 

Sec.  19.  Penalty.  Every  person  convicted  of  a  vio- 
lation of  any  provision,  clause  or  section  of  this  ordi- 
nance or  any  ordinance  of  the  South  Park  Commission- 
ers, shall  be  fined  not  to  exceed  two  liundred  dollars  for 
each  offense. 


CHAPTER   II. 

ANIMALS,    BICYCLES    AND    OTHEF    VEHICLES. 

20.  Domestic  animals  at  large.  28.'  Teams     and     traffic     wagons 

21.  Domestic      animals  —  Con-  prohibited. 

tinned.  29.  Hitching,  etc. 

22.  Animals  prohibited.  30.  Carriage  lights. 

23.  Leading  animals.  31.  No     obstructing     of     cross- 

24.  Speed.  walks. 

25.  Grass  and  foot  paths.  32.  No    animal    to    stand    unless 

26.  Obstructing  the  way — Solicit-  hitch  3d. 

ing  passengers.  33.  Penalty. 

27.  Funerals. 

Section  20.  Domestic  animals,  at  large.  The  run- 
ning of  horses,  cattle,  swine,  sheep,  goats,  geese  and 
other  domestic  animals,  except  such  as  are  owned  by 
the  South  Park  Commissioners,  is  hereby  prohibited 
within  the  parks,  or  on  or  along  the  boulevards,  streets 
and  driveways,  and  no  owner  of  any  such  animal  shall 
permit  the  same  to  run  at  large,  contrary  to  the  pro- 
visions of  this  section,  Tinder  a  penalt}'  of  not  less  than 
two  dollars  for  each  offense  for  every  animal  so  per- 
mitted to  run  at  large. 

Sec.  21.  Animals,  driving  of.  No  person  shall 
bring,  drive  or  lead  any  cattle,  sheep,  goats,  swine  or 
geese  within  the  parks,  or  on  or  along  the  boulevards, 
streets  or  driveways. 

Sec.  22.  Animals  prohibited.  The  bringing  or  use 
of  any  kind  of  animal  into  or  within  the  parks  or  on  oi- 
along  the  boulevards,  streets  or  driveways,  is  hereby  ex- 
pressly prohibited,  except  horses  and  other  beasts  of 
burden. 

13 


14  MUNICIPAL    CODE. 

Sec.  23.  Leading  animals;  drawing  second  ve- 
hicle; bells  on  sleigh.  No  person  shall  lead  any 
horse,  mule  or  other  animal  on  said  boulevards,  streets 
or  driveways,  nor  draw  a  second  carriage,  buggy,  or 
vehicle  of  any  description  with  any  team  or  other  ve- 
hicle at  one  time;  nor  drive  any  horse  before  any  sleigh 
or  sled,  unless  there  shall  be  a  sufficient  number  of  bells 
attached  to  the  harness  of  such  horse  to  warn  persons 
of  their  approach. 

Sec.  24.  Speed;  not  more  than  two  abreast.  No 
animal,  velocipede,  tricycle,  bicycle  or  other  vehicle 
shall  be  ridden  or  driven  in  said  park,  or  along  said 
streets,  boulevards  or  driveways,  at  a  speed  exceeding- 
eight  miles  an  hour,  except  that  horses  may  be  speeded 
on  such  parts  of  said  boulevards  as  may  be  set  apart 
by  the  Commissioners  for  said  purpose,  and  then  under 
such  regulations  as  the  Commissioners  may  prescribe; 
and  no  animals,  velocipedes,  tricycles,  bicycles  or  other 
vehicles  shall  be  ridden  or  driven  more  than  two 
abreast.  All  animals,  velocipedes,  tricj^cles,  bicycles  or 
other  vehicles,  while  in  motion,  shall  keep  to  the  right. 

Sec.  25.  Vehicles  and  animals  on  grass  and  foot- 
paths. No  velocipede,  bicycle,  tricycle,  wheelbarrow, 
handcart  or  other  vehicle,  or  horse  or  other  animal, 
shall  be  permitted  on  the  foot-walks  of  said  parks,  nor 
upon  the  sidewalks,  curb-stones  or  grass-plots  or  plant- 
ing spaces  of  said  boulevards,  streets  or  driveways,  nor 
to  cross  the  same,  nor  shall  any  vehicle  or  horse  or  other 
animal  go  or  be  taken  upon  any  part  thereof,  except 
upon  the  carriage-drives  and  upon  such  places  as  are 
appropriated  for  carriages  at  rest. 


ANIMALS,    BICYCLES    AND    OTHER    VEHICLES.  15 

Sec.  2(1.  Obstruction  of  ways;  soliciting  passen- 
gers. No  velociix?de,  tricycle,  bicvcle,  wheel bariow, 
handcart,  carriage  or  other  vehicle  or  animal,  shall  be 
permitted  to ,  stand  upon  said  roadways  or  carriaji,e- 
drives  to  the  obstruction  of  the  way  or  the  inconveni- 
ence of  travel,  nor  shall  any  person  solicit  passengers 
for  hire  thereon,  without  the  written  i>ermit  of  said 
Commissioners. 

Sec.  27.  Funeral  procession.  No  funeral  proces- 
sion or  hearse  shall  be  j^ermitted  in  said  parks,  nor  upon 
such  boulevards,  streets  or  driveways;  Provided,  how- 
ever, that  nothing-  herein  shall  be  construed  to  prevent 
the  removal  of  any  deceased  body  from  any  house  abut- 
ting upon  such  boulevards  or  streets  and  the  forming 
of  a  funeral  procession  therefrom,  but  such  deceased 
body,  hearse  or  procession  shall  not  be  permitted  to 
proceed  further  thereon  than  the  nearest  cross-street  in 
the  direction  in  which  such  procession  or  hearse  shall 
move. 

Sec.  28.  Traffic  wagons  prohibited.  No  omnibus, 
wagon,  cart,  dray,  truck  or  other  vehicle  for  carrying 
goods,  merchandise  or  wares,  or  other  articles,  except 
such  as  are  engaged  in  repairing  or  constructing  said 
parks,  boulevards,  streets  or  driveways,  shall  be  al- 
lowed thereon;  Provided,  however,  that  wagons  or 
other  vehicles  carrying  goods,  merchandise  or  other  ar- 
ticles, to  or  from  any  house  or  premises  abutting  upon 
any  of  such  boulevards  or  streets,  shall  be  permitted  to 
enter  thereon  at  the  cross-street  nearest  said  house  or 
premises,  in  the  direction  in  which  the  same  are  mov- 
ing and  deliver  or  receive  such  goods,  merchandise,  or 
other  articles,  but  shall  not  proceed  thereon  further 


16  MUNICIPAL    CODE.  . 

than  the  nearest  cross-street  thereafter;  and,  Provided, 
Further,  that  at  any  time  before  the  hour  of  two  o'clock 
in  the  afternoon  of  each  day,  delivery  wagons  having 
wheels  with  tires  of  not  less  than  three  and  one-half 
inches  in  width  and  drawn  by  one  horse  only,  shall  be 
allowed  to  proceed  on  and  along  said  boulevards  and 
streets;  but  this  provision  shall  not  apply  to  any  of 
the  driveways  within  the  limits  of  the  parks. 

Sec.  29.  Hitching  animals,  dumping  coal.  No  per- 
son shall  hitch  a  horse  or  other  animal  to  any  lamp- 
post, tree,  or  fire  hydrant,  nor  ride  nor  drive  over  the 
curb-stones,  sidewalks,  or  grass  plots,  nor  dump  any 
coal  thereon. 

Sec.  30.  Vehicles  carrying  lamps,  lighted  at  night. 
Velocipedes,  bicycles,  tricycles,  carriages,  cabs  and  oth- 
er vehicles  usually  carrying  lamps,  must  carry  lamps 
•and  keep  them  lighted  at  night. 

Sec.  31.  No  obstructing  of  cross-walks.  All  cross- 
walks must  be  kept  clear  and  no  carriages,  wagons, 
carts,  sleighs,  or  other  vehicles,  horses  or  other  animals, 
will  be  permitted  to  stand  thereon  except  so  far  as  may 
be  necessary  in  crossing  the  same. 

Sec.  32.  No  animal  to  stand  unless  hitched.  No 
person  shall  permit  any  horse  or  other  animal  to  stand 
upon  any  portion  of  said  boulevards,  streets  or  drive- 
ways, unless  the  same  shall  be  securely  hitched,  and, 
when  the  driver  is  not  in  charge,  securely  checked. 

Sec.  33.  Penalty.  Any  person  violating  any  clause, 
section  or  prosdsion  of  this  chapter,  shall  be  fined  in  a 
sum  not  exceeding  one  hundred  dollars  for  each  of- 
fense. 


CHAPTER   III. 

BOULEVARDS,  CARRIAGE-WALKS  AND  STREET  OPENINGS. 

34.  Width  of  carriage-walks.  39.  Openings  for   house   connec- 

35.  Composition       of      carriage-  tions. 

walks.  40.  Special  deposit. 

36.  How  walks  laid.  41.  Removal  of  sidewalk. 

37.  Grade  and  location.  42.  Connections,  how  made. 

38.  Stop-cock  boxes.  43.  Refunding  deposit. 

Section  34.  Carriage-walks,  width  of.  Carriage- 
walks  shall  not  be  less  than  fonr  nor  more  than  eight 
feet  in  width,  except  that  a  permit  niaj  be  issued  to  a 
church,  hotel,  stable  or  business  house  for  a  wider  car- 
riage-walk when  the  Commissioners  shall  be  satisfied 
that  the  same  is  necessary. 

Sec.  35.  Composition  of.  Such  carriage-Avalks 
shall  be  composed  of  either  artificial  or  natural  stone, 
as  may  be  directed  by  the  Commissioners.  If  of  arti- 
ficial stone,  it  shall  be  not  less  than  four  inches  in  thick- 
ness, composed  of  crushed  granite  and  Portland  ce- 
ment mixed  and  laid  in  the  proj)ortioiis  and  manner  di- 
rected by  the  Commissioners,  and  shall  rest  upon  a  base 
of  at  least  five  inches  of  cinders  or  broken  stone;  the 
end  coming  to  the  curb  line  shall  be  finished  as  directed 
by  the  Commissioners. 

If  of  natural  stone,  it  shall  be  the  same  kind  and  of 
the  same  thickness  as  the  adjoining  walk,  free  from 
any  defects.  The  tops,  sides  and  ends  of  the  flag-stones, 
shall  be  dressed  in  the  same  manner  as  the  surface  of 
the  adjoining  walk.  In  case  the  length  of  the  carriage- 
walk  be  six  feet  or  less,  it  shall  be  composed  of  one 
flag-stone  only,  and  in  no  case  shall  it  be  composed  of 
more  than  two  flag-stones. 

17 


18  MUNICIPAL    CODE. 

Sec.  36.  Walks,  how  laid.  In  cases  where  the 
carriage- walk  is  laid  to  a  curb 'line,  the  joints  at  the 
curb  and  sidewalk  must  be  close,  not  exceeding  one- 
eighth  of  an  inch;  at  the  curb  the  carriage- walk  shall 
be  flush  with  the  top  of  the  curb,  its  end  abutting 
the  back  end  of  the  curb,  and  this  end,  if  of  natural 
stone,  shall  rest  upon  two  stone  piers  not  less  than 
sixteen  inches  square  and  two  feet  and  nine  inches 
deep,  and  like  piers  shall  be  built  under  the  middle 
joints  if  the  carriage-walk  is  comiDOsed  of  two  flag- 
stones; the  end  of  the  flag-stone  adjoining  the  sidewalk 
shall  rest  upon  a  foundation  of  the  same  character  that 
supports  such  sidewalk,  and  shall  be  flush  with  the 
surface. 

Sec.  37. grade  and  location.     In 

case  the  carriage-walk  extends  to  a  gutter  where  there 
is  no  curb  the  end  shall  be  brought  to  a  grade  given  by 
the  engineer,  and  shall  be  squareh^  dressed  off  in  the 
same  manner  as  its  surface  for  its  full  thickness.  In 
case  the  carriage-walk  runs  back  from  the  sidewalk,  it 
must  extend  to  the  lot-line  or  join  some  permanent  step 
or  cojjing,  and  its  surface  must  be  a  continuation  of  the 
pitch  of  the  sidewalk.  The  edges  of  all  carriage-walks 
shall  be  laid  at  right  angles  to  the  line  of  the  adjoining 
sidewalk. 

Sec.  38.  Stop-cock  boxes.  Stop-cock  boxes  for 
either  gas  or  water  pij)es  and  sewer  ventilating  pipes 
shall  be  covered  with  a  neat,  closely  fitting,  iron  cover, 
set  to  the  surface  gTade. 

Sec.  39.  Openings  for  house  connections,  permit. 
No  person  shall  be  allowed  to  open  or  dig  up  any  of 
the  boulevards,  streets  or  driveways  without  a  per- 


BOULEVARD    AND    STREET    OPENINGS.  19 

luit  frinu  the  coiiimissioiieis.  Such  peiniit  ma}'  be  is- 
.sued  by  the  secretary  to  any  owner  of  property'  abutting 
upon  such  boulevards  or  streets  who  shall  desire  to 
make  house  connections  witli  the  sewers,  water,  gas  or 
other  pipes  laid  in  such  boulevards  or  streets,  or  to  re- 
pair the  same,  subject  to  the  provisions,  conditions  and 
regulations  hereinafter  contained. 

Sec.  40. ,  deposit.     The  applicant  for 

such  permit  shall  deposit  with  tlie  secretary  such  a  sum 
of  money,  not  exceeding  five  hundred  dollars  in  any  one 
case,  as  the  superintendent  shall  estimate  will  fully 
cover  the  expense  to  be  incurred  by  the  commissioners 
in  connection  with  said  opening. 

Sec.  41. ,  removal  of  sidewalk. 

When  the  making  of  such  connection  or  repairs  shall 
require  the  removal  of  any  stone  sidewalk,  such  re- 
moval shall  be  made  by  the  employes  of  the  commis- 
sioners, under  the  direction  of  the  superintendent. 

Sec.  42.  Connections,  how  made.  The  trench 
necessary  for  such  connection  or  re])airs  shall  be  made 
by  the  applicant  or  his  employes,  with  the  view  to  the 
slightest  possible  damage  to  the  roadway,  planting 
place  and  sidewalk. 

No  person  shall  be  permitted  to  tunnel  under  the 
sidewalks,  but  pipes  may  be  drawn  through  a  hole 
made  under  sidewalks,  provided  such  hole  is  not  more 
than  one  inch  larger  in  diameter  than  the  pipe  itself. 

The  grade  and  line  of  any  pipes  must  not  be  such  as 
to  interfere  with  the  curbing  or  other  pipes  now  in 
said  boulevards  and  streets. 

When  connections  are  to  be  made  of  different  kinds 


20  MUNICIPAL    CODE. 

of  pipes,  all  must  be  made  simultaneously,    and    by 
means  of  a  single  trench  when  pr*acticable. 

Sec.  43.  Refunding  deposit.  After  the  connection 
shall  have  been  made  or  the  repairs  completed  for  which 
such  permit  shall  have  been  issued,  the  trench  shall  be 
back-filled  and  the  road-way,  i^lanting  space  and  side- 
walk restored  to  their  former  condition  by  the  employes 
of  the  commissioners,  under  the  direction  of  the  super- 
intendent. The  superintendent  shall  certify  to  the  sec- 
retary the  actual  expense  incurred  in  connection  with 
the  work  done  under  said  permit,  and  the  secretary 
shall  refund  to  the  person  to  whom  said  permit  shall 
have  been  issued,  the  difference,  if  any,  between  the 
amount  deposited  and  the  amount  so  certified  by  the 
superintendent. 


ClIAPTEK    l\. 

BUILDINGS. 

44.  Extending  into  boulevards.  50.  Bond    to    open    or    take    up 

45.  Extension   of  electric  lights,  boulevard. 

balconies,  windows,  etc.  51.  Removal   of  house  or   build- 

46.  Construction  of  vaults.  ing. 

47.  Awnings.  52.  Permit  for  deposit  of  build- 

48.  Prismatic  lights.  ing  material. 

49.  Use   of  boulevards,    etc.,    for  53.  Danger  signals,  red  lights. 

depositing     building     ma-      54.  Removal   of  obstructions, 
terial.  55.  Penalty. 


Section  44.  Extending  into  boulevards.  There 
shall  be  nothing  erected  or  constructed  on  the  face  of 
any  building,  or  in  any  way  connected  therewith,  which 
shall  extend  into  or  over  any  of  the  boulevards,  streets 
or  avenues  under  the  control  of  the  South  Park  Com- 
missioners, except  as  hereinafter  stated. 

Sec.  45.  Extending  of  electric  lights,  windows, 
balconies.  Gas  and  electric  lamps  may  extend  from 
a  building  not  to  exceed  three  and  one-half  feet  bej'ond 
the  lot  line;  Provided,  that  the  lowest  point  of  such 
lamps  shall  not  be  nearer  than  twelve  feet  to  the  grade 
of  the  sidewalk  adjoining  the  building.  Bay  windows, 
balconies  and  other  structural  projections,  except  as 
herein  otherwise  permitted,  may  extend  from  a  build- 
ing not  to  exceed  two  and  one-half  feet  beyond  the  lot 
line;  Provided,  that  such  projections  shall  not  be  nearer 
than  sixteen  feet  to  the  grade  of  the  sidewalk  adjoining 
the  building. 

21 


22  MUNICIPAL    CODE. 

Sec.  46,  Vaults.  On  Michigan  AAenue  north 
of  Thirty-second  Street,  and  on  Jackson  Street, 
property-owners  may  construct  a  vault  under 
the  sidewalk  and  planting  space  in  front  of  their 
property  to  the  curb-line  of  any  width  they  de- 
sire, such  vaults  to  be  covered  with  flag-stones  not  less 
than  eight  feet  in  length  and  four  feet  in  width,  of  a 
thickness  satisfactor}-  to  and  supported  in  a  manner 
approved  by  and  with  such  finish  at  the  curb-line  as 
shall  be  directed  by  the  South  Park  Commissioners.  No 
coal  holes  or  lights  will  be  permitted  in  the  eight  feet 
adjoining  the  lot-line,  excejjt  as  provided  for  in  section 
48,  of  this  ordinance. 

In  other  parts  of  Michigan  Avenue  and  upon  the 
other  boulevards,  streets  and  avenues  under  the  con- 
trol of  the  South  Park  Commissioners,  such  vaults  may 
be  constructed,  but  between  the  sidewalk  and  the  curb- 
line  the}^  shall  not  exceed  eight  feet  in  Avidth,  nor  shall 
more  than  one  vault  be  constructed  in  front  of  any  one 
lot. 

No  vault  shall  be  constructed  without  a  permit  from 
the  South  Park  Commissioners,  and  such  permit  shall 
only  be  issued  after  the  i>lans  for  such  vault  shall  have 
been  submitted  to  and  approved  by  said  South  Park 
Commissioners. 

Sec.  47.  Awnings.  Flexible  canvas  awnings, 
which  can  be  closed  up  against  the  building,  will  be 
permitted,  extending  not  to  exceed  eight  feet  from  the 
lot  line,  and  at  no  point  closer  than  eight  feet  to  the 
grade  of  the  sidewalk.  Such  awnings  shall  be  sup- 
ported entirely  from  the  building,  must  be  kept  in  good 
repair  and  shall  be  removed  on  the  first  of  November  in 
each  year,  and  not  replaced  until  the  first  of  April  of 


BUILDINGS.  23 

the  succeeding"  3'ear.  If  any  provision  of  this  section 
is  not  strictly  complied  with,  permission  to  maintain 
such  awnings  will  be  revoked. 

Sec.  48.  Prismatic  lights.  Prismatic  lights  not 
to  exceed  four  feet  in  width  joining  the  lot  line  Avill 
be  allowed  only  in  places  on  Michigan  Avenue  north 
of  Thirty-second  Street  where  the  sidewalk  extends  to 
the  curb-line  continuously  from  the  nearest  street  in- 
tersection and  on  Jackson  Street,  such  lights  to  be  set 
to  the  sidewalk  grade. 

Sec.  40.  Use  of  boulevards  for  depositing  build- 
ing material.  Before  permission  shall  be  given 
to  use  any  part  of  an}'  boulevard,  avenue  or  street  un- 
der the  control  of  the  South  Park  Commissioners  for 
the  purpose  of  erecting  or  repairing  any  building, 
or  for  depositing  any  building  material  thereon,  or 
for  making  any  use  thereof  in  connection  with  the 
erection  or  repairing  of  any  building,  the  plans  for  the 
elevation  of  said  building,  which  shall  front  upon  said 
boulevard,  street  or  avenue,  showing  in  detail  the  i)ro- 
jections,  if  any,  over  the  lot  line,  shall  be  submitted  to 
the  South  Park  Commissioners,  and  if  in  the  course  of 
the  erection  or  repairing  of  said  building  any  changes 
are  made  in  such  elevation  in  regard  to  said  projec- 
tions, plans  for  such  changes  must  be  submitted  to  the 
said  South  Park  (\)mmissioners;  no  such  projection 
shall  be  constructed  without  a  permit  from  said  South 
Park  Commissioners.  All  permits  for  such  use  of  said 
boulevards,  streets  and  avenues  shall  be  revocable  in 
the  discretion  of  the  South  Park  Conimissiouers. 

Sec.  50.  Bond  to  open  or  take  up  boulevard. 
Ilereafter,  before  any  permit  is  issued  to  open  or  lake 


24  MUNICIPAL    CODE. 

up  any  of  the  bouleTards,  streets  or  driveways,  or  place 
any  building  material  or  other  o]bstruction  thereon,  the 
applicant  for  such  permit  shall  execute  a  bond  to  the 
South  Park  Commissioners  in  the  penal  sum  of  ten 
thousand  dollars,  indemnifying  said  Commissioners 
against  any  damages  on  account  of  injury  to  persons  or 
property  which  may  be  occasioned  by  or  result  from 
the  issuing  of  such  permit,  or  the  opening  or  using  of 
such  boulevard,  street  or  drivcAvay,  or  any  part  thereof, 
for  the  purjjose  stated  in  such  permit. 

Sec.  51.  Moving  buildings.  No  person  shall  be 
permitted  to  move  any  house  or  building  on,  along  or 
across  any  of  said  parks,  boulevards,  streets  or  drive- 
ways, except  under  the  following  circumstances:  1. 
A  person  having  a  permit  from  the  City  of  Chicago  to 
move  a  frame  buihling  along  a  street  which  intersects 
a  boulevard  or  street  under  the  control  of  the  South 
Park  Commissioners,  may  obtain  a  i>ermit  to  move  the 
same  across  the  said  boulevard  or  street,  upon  deposit- 
ing with  the  Secretary  such  a  sum  of  money,  not  ex- 
ceeding two  hundred  dollars  in  any  one  case,  as  shall 
be  sufficient  to  cover  all  damages  to  the  roadway.  2. 
A  person  having  a  permit  from  the  City  of  Chicago  to 
move  a  frame  building  located  on  a  lot  which  abuts 
upon  a  boulevard  or  a  street  under  the  control  of  the 
South  Park  Commissioners,  may  obtain  a  permit  from 
the  Secretary  to  move  the  said  house  from  the  said  lot 
to  the  nearest  street  corner,  to  be  thence  moved  upon 
the  intersecting  street,  upon  depositing  with  the  Sec- 
retary such  a  sum  of  money,  not  exceeding  two  hun- 
dred dollars  in  any  one  case,  as  the  superintendent 
shall  estimate  will  fully  cover  all  damages  to  the  side- 
walks, roadway,  grass-plots,  lamp  posts,  trees  and  other 


BUILDINGS.  25 

property  and  improvements  upon  said  boulevard  or 
street.  Said  permit  shall  be  issued  only  upon  the  ex- 
press condition  that  said  moving  shall  be  commenced 
and  completed  between  the  liours  of  one  and  six  A.  M., 
and  that  the  occupancy  of  the  said  boulevard  or  street 
shall  continue  only  between  said  hours. 

After  said  moving  shall  have  been  completed  the 
roadway,  grass-plots,  sidewalks,  lamp  x>osts,  trees  and 
other  property  and  improvements  shall  be  restored  to 
their  fornier  condition  by  the  employes  of  the  Commis- 
sioners, under  the  supervision  of  the  superintendent. 
The  superintendent  shall  thereupon  certify  to  the  sec- 
retary the  actual  expense  incurred  in  such  restoration, 
and  the  secretary  shall  refund  to  the  person  to  whom 
such  permit  shall  have  been  issued  the  difference,  if 
any,  between  the  amount  deposited  and  the  amount 
so  certified  by  the  superintendent. 

Sec.  52.  Permit  for  deposit  of  building  material. 
No  person  shall  place  or  deposit  or  allow  to  be  placed 
or  deposited  on  any  of  said  boulevards  or  streets  any 
building  material  AvhatsoeA'er,  or  any  articles  or  things 
which  would  obstruct  or  hinder  travel  thereon  without 
the  written  permission  of  the  said  Commissioners, 
which  said  permit  shall  state  hoAv  gi'eat  a  space  will  be 
allowed  on  which  the  same  may  be  placed  or  deposited, 
and  the  leng-th  of  time  during  which  said  permit  shall 
be  in  force. 

Sec.  53.  Danger  signals— red  lights— sidewalk. 
Every  person  having  the  use  of  any  portion  of  said  boul- 
evards or  streets  or  sidewalks  for  the  purpose  of  erect- 
ing or  repairing  any  building,  or  for  any  other  purpose, 
shall  cause  two  red  lights  to  be  placed  in  a  conspicuous 


26  MUNICIPAL    CODE. 

place,  one  at  each  end  of  such  obstruction,  from  dusk 
until  sunrise  of  the  next  day,  during  the  time  such  ob- 
struction shall  remain,  and  shall  also  construct  and 
maintain  proper  safeguards,  and  a  good  and  safe  plank 
sidewalk  around  such  obstruction,  which  sidewalk  shall 
be  at  least  two  feet  wide. 

Sec.  54.  Removal  of  obstructions.  Any  walk,  pro- 
jection or  other  obstruction,  which  shall  be  constructed, 
erected,  placed  or  moved  in,  over  or  upon  any  of  the 
boulevards,  streets  or  avenues  under  the  control  of  the 
South  Park  Commissioners,  contrary  to  anj^  of  the  pro- 
visions of  this  chapter,  shall  be  removed  by  the  South 
Park  superintendent. 

Sec.  55.  Penalty.  Any  person  who  shall  violate 
any  of  the  provisions  of  this  chapter  or  any  section 
thereof,  shall  be  subject  to  a  penalty  of  not  less  than 
ten  dollars  nor  more  than  two  hundred  dollars  for  each 
and  every  offense,  and  punished  accordingly. 


CHAPTER  V. 


CONTRACTS  AND  DISBURSEMENTS. 

56.  Contracts  to  be  advertised.  61.  Payment  of  bills. 

57.  Contracts,  execution  of.  62.  No    work   to    be    ordered    or 

58.  Contractors,  bonds.  money  paid  except  by  reso- 

59.  Manner  of  drawing  warrants.  lution  of   Board. 

60.  Time  of  drawing  warrants. 

Section  50.  Contracts  to  be  advertised.  All  con- 
tracts exceeding  in  amount  the  sum  of  five  hundred  dol- 
lars for  work,  materials  or  supplies,  shall  be  let  by  the 
Commissioners,  after  advertisement,  to  the  lowest  trust- 
worthy and  responsible  bidder,  such  advertisement  in 
all  cases  to  reserve  the  right  to  reject  any  and  all  bids: 
Provided,  however,  that  such  contract  may  be  let  with- 
out advertisement  if  authorized  by  a  vote  of  four  (.Com- 
missioners. 

Sec.  57.  Contracts,  execution  of.  All  such  con- 
tracts shall  be  executed  in  dujdicate  by  the  presi- 
dent and  secretar}^,  on  the  part  of  the  Commissioners, 
and  by  the  contractor,  and  attested  by  the  seal  of  the 
Commissioners;  one  original  copy  so  executed  shall  be 
kept  by  the  secretary  in  his  office  and  the  other  shall  be 
given  to  the  contractor. 

Sec.  58.  Contractors,  bonds.  Whenever  any  work 
or  improvement  is  lot  by  contract,  the  contractor  sliall 
make,  execute  and  deliver  to  the  Commissioners  a  bond 
with  good  and  sufllicient  sureties,  in  such  amount  as 
shall  be  adequate  to  insure  the  performance  of  the 
work  in  the  time  and  manner  in  such  contract  specified, 

27 


28  MUNICIPAL    CODE. 

and  also  to  save  and  indemnify,  and  keep  harmless, 
the  Commissioners  against  all,  liabilities,  judgments, 
costs  and  expenses  which  may  in  any  wise  _ accrue 
against  the  Commissioners  in  consequence  of  granting 
such  contract,  or  which  may  in  any  wise  accrue  from 
the  carelessness  or  neglect  of  such  contractor,  and  con- 
ditioned also  for  the  payment  of  all  claims  and  demands 
whatsoever  which  ma}^  accrtie  to  each  and  every  person 
who  may  be  emploj^ed  b}'  such  contractor,  or  by  any 
sub-contractor  of  such  contractor  in  and  about  the  per- 
formance of  such  contract;  which  said  bond  shall  be 
approved  by  the  president  before  the  delivery  to  the 
contractor  of  the  duplicate  contract  hereinbefore  pro- 
vided. 

Sec.  59.  Warrants,  manner  of  drawing.  All  war- 
rants for  the  payment  of  money  shall  be  drawn  on  the 
treasurer  by  the  secretary  and  shall  be  signed  by  the 
secretary  and  countersigned  by  tlie  auditor. 

Sec.  GO.  Warrants,  time  of  drawing.  Warrants 
for  the  payment  of  the  regular  salaries  of  the  officers 
and  of  the  regularly  accruing  interest  upon  the  bonded 
indebtedness  raaj  be  drawn  and  issued  as  the  same 
become  due  and  payable.  jS^o  other  warrants  shall  be 
drawn  except  upon  the  order  of  the  Commissioners, 
made  and  entered  of  record  at  a  meeting  thereof. 

Sec.  61.  Payment  of  bills.  All  claims  and  bills 
other  than  salaries  and  interest  shall  be  filed  with  the 
secretary,  and,  after  examination  by  the  auditor,  pre- 
sented by  the  secretary  to  the  Commissioners  at  the 
next  meeting,  and,  if  approved  and  ordered  paid  by 
the  Commissioners,  warrants  shall  be  drawn  therefor 
in  the  manner  above  set  forth. 


CONTRACTS  AND  DISBURSEMENTS.  2D 

Sec.  02.  No  work  to  be  ordered  or  money  paid 
except  by  resolution  of  board.  No  Commissioner 
nor  any  committee  of  the  Commissioners,  nor  any  officer 
or  em^jlo^^e  thereof,  shall  direct  the  commencement  or 
prosecution  of  any  work,  or  the  purchase  of  any  mate- 
rial or  supplies,  nor  authorize  any  expenditure  of  mon- 
ey without  the  direct  order  or  resolution  of  the  Com- 
missioners, made  and  entered  of  record  at  a  meeting 
thereof,  except  that  in  cases  of  obvious  necessity  the 
president  and  superintendent,  or  either  of  them,  may 
exercise  a  wise  discretion,  but  where  such  action 
shall  involve  the  expenditure  of  more  than  fifty  dolhirs 
it  shall  be  especially  reported  to  the  Commissioners  at 
their  next  meetinsf. 


CHAPTER  yi. 

MEETINGS  AND  RULES  OF  ORDER. 

63.  Meetings.  67.  Committees. 

64.  Special  meetings.  68.  Ordinances. 

65.  Annual  meeting.  09.  Vote  on  expenditure. 

66.  Quorum.  70.  Reports. 

Section  G3.  Regular  meetings.  Regular  meetings 
of  tlie  Commissioners  shall  be  held  on  the  second 
Wednesday  of  each  month,  at  half-past  two  o'clock  in 
the  afternoon. 

Sec.  64.  Special  meetings.  Special  meetings  may 
be  called  by  the  president  whenever  he  sli^ll  deem  it 
necessary,  and  shall  be  called  by  the  secretary  at  the 
request  of  any  two  Commissioners.  Written  notice 
shall  be  given  to  each  Commissioner  of  the  time  and 
l^lace  of  each  special  meeting. 

Sec.  05.  Annual  meeting.  The  annual  meeting  of 
the  Commissioners  shall  be  held  at  the  time  appointed 
for  the  first  regular  meeting  after  the  appointment  and 
qualification  of  the  Commissioners  annually  appointed. 

Sec.  66.  ftuorum.  Three  Commissioners  shall  con- 
stitute a  quorum  for  the  transaction  of  business. 

Sec.  67.  Committees.  Committees  may  be  ap- 
pointed from  time  to  time,  as  necessity  may  require,  in 
such  manner  as  the  Commissioners  may,  by  resolution, 
determine. 

30 


MEETINGS   AND   RULES   OF   ORDER.  31 

Sec.  as.  Ordinances  and  reports  to  be  in  writ- 
ing. All  oi'diiiauces  and  reports  of  couiiuittees  and 
meetings  shall  be  in  writing. 

See.  09.  Vote,  manner  of.  The  yeas  and  nays 
shall  be  taken  upon  the  passage  of  all  ordinances  and 
upon  all  propositions  to  create  any  liability,  or  for  the 
expenditure  or  appropriation  of  money,  and  in  all  cases 
at  the  request  of  any  Commissioner,  which  shall  be  en- 
tered upon  the  journal  of  the  proceedings. 

Sec.  TO.  Reports,  action  on  deferred.  Any  re- 
l^ort  of  a  committee  shall  be  deferred  for  final  action 
thereon  to  the  next  regular  meeting  after  the  report 
thereof  at  the  request  of  any  two  Commissioners  pres- 
ent. 


CITAPTER  VII. 


MISDEMEANORS. 


71. 

Playing  of  games. 

88. 

72. 

Frightening  animals. 

89. 

73. 

Fire-arms  and  fire-works. 

90. 

74. 

Hindering  employes. 

75. 

Peddlers. 

91. 

76. 

Indecent    language,     gamb- 

ling, drunkenness. 

92. 

77. 

Playing       musical       instru- 
ments,    displaying    flags, 

93. 

etc.,  processions,  etc. 

94. 

78. 

Bathing  and  fishing. 

79. 

Injury  to  park  property. 

95. 

80. 

No  travel  except  on  "Com- 
mon." 

96. 

81. 

Posting  of  notices,  bills,  etc. 

97. 

82. 

Advertising. 

98. 

83. 

Refuse  and  garbage. 

84. 

Coal  on  grass-iplots. 

99. 

85. 

Fence  around  grass-plots. 

100. 

86. 

Breach   of   peace,   riot,    dis- 

orderly conduct,  etc. 

101. 

87. 

Vagrancy. 

Indecent  exposure,  etc. 
Cruelty  to  animals. 
Deformed,   etc.,   person,   ex- 
posure of. 
Lewd    acts"    in    public— ob- 
scene gesture. 
Birds,  protection  of. 
Distribution     of     handbills, 

etc. 
Goods,       wares,       etc.,       on 

streets— Nuisance. 
Drunkenness. 
Obscene   or  indecent  books, 

pamphlets,  etc. 
Cheating  device. 
Dangerous  openings  in  side- 
walk. 
Vagrants. 
Removing 

walks. 
Penalty. 


snow  from   side- 


Section  71.  Playing  of  games.  No  person  sball 
play  at  any  game  whatsoever  in  or  upon  any  of  the 
parks,  boulevards,  streets  or  driveways,  under  the  con- 
trol of  the  South  Park  Commissioners,  except  upon  such 
portions  thereof  as  may  be  designated  from  time  to  time 
by  the  South  Park  Superintendent,  and  under  such 
rules  and  regulations  as  may  be  prescribed  by  him,  and 
any  jjerson  violating  this  section  shall  be  subject  to  a 
fine  of  not  to  exceed  Tw^enty-flve  Dollars  for  each  and 
every  offense. 


MISDEMEANORS.  33 

Sec.  72.  Frightening  horses,  etc.,  by  sport.  No 
person  shall  engage  in  anv  sport  or  exercise  upon  sncli 
boulevards,  streets  or  driveways  as  shall  be  liable  to 
fri^liten  horses,  injure  passengers,  or  embarrass  the 
])assa*;e  of  vehicles  thereon,  under  a  penalty  of  not  to 
exceed  Twenly-tive  Dollars  for  each  and  every  offense. 

Sec.  73.  Fire-arms,  missiles,  and  fire- works.  No 
person  shall  fllre  or  discharge  any  gun  or  i)istol  or  carry 
fire-arms,  or  throw  stones  or  other  missiles  Avitliin  said 
parks,  boulevards,  streets  or  driveways;  nor  shall  any 
person  fire,  discharge  or  set  off  any  rocket,  cracker, 
torpedo,  squib  or  other  fire-works,  or  things  containing 
any  substance  of  an  explosiAC  character,  under  a  pen- 
alty of  not  to  exceed  Twent^'-five  Dollars  for  each  and 
every  offense. 

Sec.  74.  Hindering  employes.  No  person  shall  in- 
terfere with,  converse  with,  or  in  any  manner  hinder 
park  employes  while  engaged  in  constructing  or  repair- 
ing iinj  portion  of  the  parks  or  boulevards,  under  a 
penalty  of  not  to  exceed  Twenty-five  Dollars  for  each 
and  every  offense. 

Sec.  75.  Peddlers.  No  person  shall  expose  any  ar- 
ticle or  thing  for  sale,  or  do  au}^  hawking  or  peddling 
therein  or  thereon,  under  a  penalty  of  not  to  exceed 

Twenty-five  Dollars  for  each  and  every  offense. 

* 

Sec.  7G.  Indecent  language,  gambling,  drunken- 
ness. No  person  shall  use  abusive,  insulting  or  ob- 
scene language,  or  language  calculated  to  occasion 
a  breach  of  the  peace,  nor  shall  any  person  tell  foi-- 
tunes,  play  at  any  games  of  chance,  be  drunk,  or  do 
any  indecent  acts  therein,  under  a  penalty  of  not  to  ex- 
ceed Tw^entv-five  Dollars  for  each  and  everv  offense. 


34  MUNICIPAL    CODE. 

Sec.  77.  Playing  musical  instruments,  displaying 
banners,  etc.,  parades,  etc.  No  person,  without  the 
consent  of  the  South  Park  Commissioners,  shall  play 
any  musical  instrument,  or  carry  or  display  any  flag, 
target,  banner  or  transparency,  nor  shall  any  militar}^ 
or  target  conii)any  or  band  or  procession  be  permitted 
to  parade,  march,  drill  or  perform  any  evolutions  or 
ceremonies  in  the  parks,  or  along  and  upon  said  streets, 
boulevards  or  driveways,  or  do  or  perform  any  act  tend- 
ing to  cause  persons  to  congregate  therein  or  there- 
upon, and  no  club,  association  or  party  of  bicycle  or 
tricycle  riders  shall  make  runs,  or  have  parades  upon 
said  streets,  boulevards  or  driveways  without  first  ob- 
taining a  permit  from  the  South  Park  Commissioners, 
under  a  penalty  of  not  to  exceed  Twenty-five  Dollars 
for  each  and  everj^  offense. 

Sec.  78.  Bathing  and  fishing.  No  person  shall 
bathe  or  fish  in  the  waters  of  the  parks,  or  go,  or  send, 
or  ride  any  animals  into  the  same,  nor  shall  an^^  person 
disturb  any  fish,  fowl  or  other  animals  kept  therein, 
or  throw  anything  into  the  waters  or  place  anything 
upon  the  grounds  thereof,  under  a  penalty  of  not  to  ex- 
ceed Twenty-five  Dollars  for  each  and  every  offense. 

Sec.  79.  Injury  to  park  property.  No  person 
shall  cut,  break,  mark  upon,  or  in  any  way  injure  or 
deface  any  of  the  trees,  shrubs,  plants,  turf,  grass,  lamp- 
posts, fences,  bridges,  buildings,  or  other  constructions 
or  property,  in  or  upon  said  parks,  boulevards,  streets 
or  driveways,  under  a  penalty  of  not  to  exceed  Fifty 
Dollars  for  each  and  every  offense. 

Sec.  80.  No  travel  except  on  common.  No  per- 
son shall  climb  or  walk  upon  any  wall  or  fence  of  said 


MISDEMEANORS.  35 

parks,  nor  cross  nor  travel  upon  any  grass  or  lawn 
therein,  except  where  the  word  "Common"  shall  be 
posted  to  indicate  the  permission  so  to  do,  nor  shall  any 
person  cross  or  travel  on  the  grass-plots,  or  planting- 
spaces  npon  such  boulevards,  streets  or  driveways,  un- 
der a  penalty  of  not  to  exceed  TAventy-five  Dollars  for 
each  and  every  offense. 

Sec.  81.  Posting  of  notices,  bills,  etc.  No  person 
shall  post  or  fix  an}-  notice  or  bill,  or  other  writing  or 
printing  on  auA'  tree,  lamppost,  hydrant,  curb-stone, 
coping,  flag-stone,  fence,  wall,  building  or  other  place, 
under  the  control  of  the  South  Park  Commissioners, 
under  a  penalty  of  not  to  exceed  Twenty-five  Dollars 
for  each  and  ever}-  offense. 

Sec.  82.  Display  of  advertising .  No  person  shall 
drive  any  vehicle  displaying  any  placard  or  advertise- 
ment of  any  kind,  along  said  boulevards,  streets  or 
driveways;  nor  shall  any  person  displa^^  any  placards 
or  any  advertisements  of  any  kind  on  or  along  the  same, 
under  a  penalty  of  not  to  exceed  Twenty-five  Dollars  for 
each  and  every  offense. 

Sec.  83.  Garbage  on  sidewalks,  etc.  No  ashes, 
garbage,  or  rubbish  of  any  kind,  shall  be  put  on  the 
roadways,  sidewalks,  or  grass-plots  or  planting-spaces, 
.of  such  boulevards,  streets  or  driveways,  under  a  penal- 
ty of  not  to  exceed  Twenty-five  Dollars  for  each  and 
every  offense. 

Sec.  84.  Coal  on  grass-plots.  No  person  shall  be 
permitted  to  duuip  or  deposit  any  coal  on  said  grass- 
ph)ts  or  i)lanting-spaces  or  sidewalks,  under  a  penalty 
of  not  to  exceed  Twenty-five  Dollars  for  each  and  every 
offense. 


36  MUNICIPAL    CODE. 

Sec.  85.  Fence  around  grass-plots.  No  person 
shall  be  permitted  to  build  or  place  any  fence  or  other 
barrier  around  said  grass-plots  or  planting-spaces,  un- 
der a  penalty  of  not  to  exceed  Twenty-five  Dollars  for 
each  and  every  offense. 

Sec.  86.  Breach  of  peace,  riot,  disorderly  con- 
duct, etc.  No  person  shall  make,  aid,  countenance  or 
assist  in  making  any  improper  noise,  riot,  disturbance, 
breach  of  the  peace,  or  diversion  tending  to  a  breach 
of  the  peace  within  any  of  the  parks,  or  boulevards,  or 
other  public  places  under  the  control  of  the  South  Park 
Commissioners,  or  be  guilty  of  any  disorderly  conduct 
therein,  or  collect,  with  other  persons,  in  bodies  or 
crowds  for  unlawful  purposes,  or  for  any  purpose,  to 
the  annoyance  or  disturbance  of  citizens  or  travelers, 
under  the  penalty  of  not  less  than  Two  Dollars  nor 
exceeding  One  Hundred  Dollars  for  each  and  every  of- 
fense. 

Sec.  87.  Vagrancy.  Any  person  wandering  abroad 
and  begging,  or  who  goes  about  from  door  to  door,  or 
places  himself  in  the  streets,  or  other  j)nblic  places  to 
beg  or  receive  alms,  shall  be  deemed  a  vagrant,  and 
ujjon  conviction  shall  be  fined  in  a  sum  not  less  than 
Five  Dollars  nor  more  than  One  Hundred  Dollars  for 
each  and  every  offense. 

Sec.  88.  Indecent  exposure,  etc.  If  any  person 
shall  appear  in  any  public  place,  under  the  control  of 
the  South  Park  Commissioners,  in  a  state  of  nudity,  or 
in  a  dress  not  properly  belonging  to  his  or  her  sex,  or 
in  an  indecent  or  lewd  dress,  or  shall  make  any  inde- 
cent exposure  of  his  or  her  person,  or  be  guilty  of  any 


MISDEMEANORS.  37 

lewd  ov  indeceut  act  or  behavior,  lie  or  she  shall  be  sub- 
ject to  a  line  of  not  less  than  Ten  Dollars  nor  more  than 
Two  Ilundi'cd  Dollars  for  each  and  every  offense. 

Sec.  S!).  Cruelty  to  animals.  Whoever  shall  be 
guilty  of  crnelty  1o  any  animal  in  any  way  of  the  ways 
mentioned  in  this  section  shall  be  fined  not  less  than 
Three  Dollars  nor  more  than  One  Hundred  Dollars  for 
each  offense,  viz: 

1.  By  overloading-,  overdriving,  overworking,  cruelly 
beating,  torturing,  tormenting,  mutilating,  or  cruelly 
killing  any  animal,  or  causing  or  knowingly  allowing 
the  same  to  be  done. 

2.  By  cruelly  working  any  old,  maimed,  infirm,  sick 
or  disabled  animal,  or  causing  or  knowingly  allowing 
the  same  to  be  done. 

3.  Bj  unnecessarily  failing  to  provide  any  animal  in 
his  charge  or  custody,  as  owner  or  othei'wise,  with 
proper  food,  drink  and  shelter. 

4.  By  abandoning  any  old,  maimed,  infirm,  sick  or 
disabled  animal. 

5.  By  carrying  or  driving,  or  causing  to  be  carried 
or  driven  or  kept  any  animal  in  an  unnecessarily  cruel 
manner. 

Sec.  90.  Deformed,  etc.,  person,  exposure  of.  No 
person  who  is  diseased,  maimed,  mutilated  or  deformed 
so  as  to  be  an  unsightly  or  disgusting  object,  or  an  im- 
proper person  to  be  allowed  in  public  [daces,  shall  ex- 
pose himself  or  herself  to  public  view  in  or  upon  any 
of  the  parks,  boulevards  or  other  public  places  under 


C8  MUNICIPAL    CODE. 

the  control  of  the  South  Park  Commissioners,  under  the 
penalt}^  of  not  to  exceed  Ten  Dollars  for  each  and  every 
offense. 

Sec.  91.     Lewd  acts  ki  public — obscene  gesture. 

Any  iDerson  Avho  shall  commit  any  indecent,  lewd  or 
filthy  act  in  any  place,  or  shall  utter  any  lewd  or  filthy 
words,  or  use  any  threatening  or  abusiye  language  in 
the  hearing  of  other  persons  publicly,  or  shall  make  any 
obscene  gesture,  to  or  about  any  other  person  publicly, 
shall  be  deemed  a  disorderly  person,  and  shall  be  sub- 
ject to  the  penalty  of  not  less  than  Five  Dollars  nor 
more  than  Two  Hundred  Dollars  for  each  and  every 
offense. 

Sec.  92.  Birds,  protection  of.  No  person  shall  kill 
or  wound,  o-r  attempt  to  kill  or  wound,  by  the  use 
of  fire-arms,  bow  and  arrow,  pelting  with  stones 
or  otherwise,  any  bird  within  the  territory  under 
the  control  of  the  South  Park  Commissioners,  or 
shoot  an  arrow,  or  throw  a  stone,  or  club,  or 
other  missile  at  any  bird  within  any  private  grounds 
near  or  abutting  upon  any  of  the  territory  under  the 
control  of  the  South  Park  Commissioners,  under  the 
penalty  of  not  less  than  Two  Dollars  nor  more  than 
Ten  Dollars  for  each  offense. 

Sec.  93.  Distribution  of  hand  bills,  etc.  No  per- 
son or  persons  shall  distribute,  cast,  throw,  or  j)lace  in, 
upon,  or  along  any  of  the  boulevards,  streets,  parks  or 
other  public  places  under  the  control  of  the  South  Park 
Commissioners  any  hand-bills,  pamphlets,  circulars  or 
other  advertisements  for  any  purpose  whatever,  under 
a  penalty  of  not  less  than  Five  Dollars  nor  more  than 
Twenty-five  Dollars  for  each  and  every  offense. 


MISDEMEANORS.  39 

Sec.  94,  Goods,  wares,  etc.,  on  streets;  Nuisance. 
It  shall  constitute,  and  it  is  hereby  declared,  a  nuisance 
for  any  person  to  set  or  place,  or  cause  to  be  set  or 
placed,  or  permit  to  remain,  an}-  goods,  wares,  mer- 
chandise or  other  propert}^  of  any  kind  on  any  street, 
boulevard,  sidewalk  or  driveway,  for  a  longer  time  than 
two  hours.  Any  person  who  shall  so  obstruct  the  street, 
sidewalk,  boulevard,  or  driveway,  in  front  of  an}-  store 
or  dwelling  with  any  goods,  wares,  merchandise,  or 
other  property  of  any  kind,  for  a  longer  period  than 
aforesaid,  shall  be  subject  to  the  penalty  of  not  less 
tlian  Five  Dollars  nor  more  than  Fifty  Dollars  for  each 
and  every  offense,  and  it  shall  be  the  duty  of  the  South 
Park  Superintendent  to  forthwith  remove  and  abate 
such  nuisance. 

Sec.  95.  Drunkenness.  No  person  shall  be  intoxi- 
cated in  any  street,  highway,  thoroughfare,  park  or 
public  place,  or  in  any  private  house  or  i)lace,  to  the 
disturbance  of  any  person. 

Sec.  90.  Obscene  or  indecent  books,  pamphlets, 
etc.  No  per.son  shall  exhibit,  sell  or  offer  to  sell,  give 
away  or  offer  to  give  away,  or  have  in  his  possession, 
with  or  without  iuteut  to  sell  or  give  away,  auy  obscene 
or  indecent  book,  ]»aniphlet,  paper,  drawing,  lithograph, 
engraving,  picture,  daguerreotype,  photograph,  stere- 
oscopic picture,  model,  cast,  instrument  or  any  article 
of  indecent  or  immoral  use. 

Sec.  97.  Cheating  device.  No  person  shall  man- 
age, use  or  practice  any  game  or  device  whatever,  with 
intent  to  cheat  or  defraud  another. 


40  MUNICIPAL    CODE. 

Sec.  98.  Dangerous  openings  in  sidewalks.  No 
person  shall  keep  or  leave  oi>e'n  aii}^  cellar  door,  or 
liratiug  of  any  vault,  ou  any  liiginvay  or  sidewalk,  or 
suffer  the  same  to  be  left  or  kept  open,  or  suffer  any 
sidewalk  in  front  of  his  premises  to  become  or  continue 
so  out  of  repair  as  to  endaiiger  life  or  limb. 

Sec.  90.  Vagrants,  etc.  Vagrants,  mendicants, 
idle  and  dissolute  persons,  who  go  about  begging,  or 
l)lace  themselves  in  any  highway  to  beg  or  receive  alms, 
persons  who  use  any  juggling  or  unlawful  games,  com- 
mon drunkards,  prostitutes,  IcAvd,  wanton  and  lasciv- 
ious persons  in  speech  or  behavior,  or  common  raiders 
and  brawlers,  persons  who  habitually  neglect  their  em- 
ployment or  calling,  and  do  not  provide  for  themselves 
or  for  the  support  of  their  families,  and  all  persons 
who,  not  having  visible  means  to  maintain  themselves, 
are  without  employment,  and  habitually  frequent 
houses  of  ill-fame,  gaming  houses,  dram-shops  or  sa- 
loons, may  be  imprisoned  not  to  exceed  six  months,  or 
fined  not  to  exceed  two  hundred  dollars. 

Sec.  100.  Removing  snow  from  sidewalks.  Every 
owner  or  occupant  of  any  house  or  other  building,  and 
the  owner  or  proprietor,  lessee,  or  person  entitled  to 
the  possession  of  any  vacant  lot,  and  ever}^  person  hav- 
ing the  charge  of  any  church,  public  hall,  or  other 
public  building,  fronting  upon  any  of  the  parks  or  boul- 
evards under  the  control  of  the  South  Park  Commis- 
sioners, shall,  .during  the  winter  season,  and  during 
the  time  snow^  shall  continue  on  the  ground,  before  nine 
o'clock  on  every  morning  when  necessary  clear  the 
sidewalk  or  sideAvalks  in  front  of  such  house,  or  other 
building,  or  in  front  of  such  lot,  from  snow  and  ice,  and 


MISDEMEANORS.  41 

keep  the  same  free  tlierefi-oin  during  the  day;  aud  eveiy 
person  neglecting  or  refusing  to  comply  with  any  of  the 
provisions  of  tliis  section  shall  be  guilty  of  a  misde- 
meanor and  incur  a  penalty  of  not  less  tlian  Five  (f  5,00) 
Dollars  for  each  neglect  or  refusal. 

Sec.  101.  Penalty.  Any  person  violating  any 
clause,  section  or  provision  of  this  chapter,  Avhere  no 
penalty  is  already  provided,  shall  be  fined  in  a  sum  not 
less  than  One  Dollar  and  not  exceeding  One  Hundred 
Dollars  for  each  and  everv  offense. 


CHAPTER  VIII. 

OFFICERS. 

102.  OfR'ces  not  provided  by  108.  Secretary,  other  duties. 

charter.  109.  Treasurer. 

103.  Officers  removed.  110.  Superintendent. 

104.  Clerks  and  assistants.  111.  Superintendent,   orders  to. 

105.  Salaries  112.  Engineer. 

106.  Secretary.  113.  Gardener. 

107.  Secretary  keep  record  of  114.  Attorney. 

ordinances,  etc. 

SectioD  102.     Offices   not  provided    by    charter. 

The  following-  named  Oificers,  in  addition  to  those  cre- 
ated bj  the  charter,  shall  be  appointed  by  the  South 
Park  Commissioners,  to-wit :  South  Park  Superintend- 
ent, South  Park  Attorney,  South  Park  Captain  of  Po- 
lice, and  South  Park  Gardener.  Such  officers  shall  hold 
office,  unless  sooner  removed,  until  their  successors  are 
appointed  and  qualified. 

Sec.  103.  Officers  removed.  Any  officer  appointed 
may  be  suspended  or  removed  by  the  Commissioners, 
and  all  vacancies  shall  be  filled  by  them. 

Sec.  104.  Clerks  and  assistants.  The  Commis- 
sioners shall  also,  from  time  to  time,  appoint  such 
clerks  and  assistants  as  the  service  may  require,  and 
dismiss  the  same  in  their  discretion. 

Sec.  105.  Salaries.  The  salaries  of  all  officers  shall 
be  fixed  annually  by  resolution  and  shall  be  payable 
monthly. 


OFFICERS.  43 

Sec.  106.  Secretary.  The  Secretary  shall  keep  the 
coii^orate  seal  and  affix  the  same  to  all  papers  which 
require  it.  lie  shall  keep  all  records  and  papers  be- 
lonjj;ini;-  to  the  Conimissiouers,  attend  all  meetinj^s  of 
the  Commissioners  and  keep  a  full  record  of  their  pro- 
ceedings in  the  journal. 

Sec.  107.  Secretary  to  keep  record  of  ordinances, 
etc.  All  ordinances  and  resolutions  passed  by  the 
Commissioners  shall  be  recorded  by  the  Secretary  in  a 
book  to  be  kept  for  that  purpose  before  the  next  reg- 
ular meeting  after  their  passage,  and  if  any  such  ordi- 
nance or  resolution  shall  require  publication  he  shall 
cause  the  same  to  be  duly  published. 

Sec.  108.  Secretary,  other  duties.  He  shall  also 
perform  such  otlier  duties  as  may  be  required  of  him  by 
law  or  by  the  ordinances  or  resolutions  of  the  Com- 
missioners. 

Sec.  109.  Treasurer.  The  Treasurer  shall  receive 
all  the  moneys  belonging  to  the  Commissioners  and 
shall  pay  the  same  out  onh^  upon  warrants  regularly 
drawn,  as  hereinafter  provided.  He  shall  make  month- 
ly reports  of  the  receipts  and  disbursements  of  money, 
and  also  submit  to  the  annual  meeting  a  detailed  re- 
port showing  the  receipts  and  disbursements  of  money 
during  the  preceding  year. 

Sec.  110.  Superintendent,  authority  of.  The  Su- 
perintendent shall  hav('  the  general  management  and 
control  of  the  parks,  boulevards,  streets  and  driveways 
under  the  control  of  the  Ck)mmissioners.  He  shall  ap- 
point such  assistants  and  employes  as  the  Commission- 


44  MUNICIPAL    CODE. 

ers  may  authorize,  subject  to  their  apx)roval,  and  he 
shall  have  j)ower  to  remove  .such  assistants  and  em- 
ployes as  he  appoints. 

Sec.  111.  Superintendent,  orders  to,  of  Commis- 
sioners. He  shall  also  receive  and  execute, the  orders 
of  said  Commissioners  and  comply  with  such  rules  and 
regulations  as  the  Commissioners  ma}^,  by  ordinance 
or  resolution,  prescribe. 

Sec.  112.  Engineer,  The  Superintendent  shall 
also  be  the  Engineer,  and  have  charge  of  the  engineer- 
ing department  and  do  all  the  surve^dng  and  civil  en- 
gineering required. 

Sec.  113.  Gardener.  The  Gardener  shall  be  under 
the  direction  of  the  Superintendent,  and  under  his  di- 
rection shall  have  charge  of  all  the  green-houses, 
shrubs,  flowers  and  other  matters  and  things  pertain- 
ing to  the  nursery  and  horticultural  department,  and 
shall  perform  such  other  duties  as  may  be  imposed 
upon  him  by  the  ordinances  or  resolutions  of  the  Com- 
missioners. 

Sec.  114.  Attorney.  The  Attorney  shall  have 
charge  of  all  litigation  to  which  the  Commissioners 
shall  be  a  party,  and  shall  draft  all  instruments  re- 
quired by  the  Commissioners  and  give  opinions  in  writ- 
ing on  all  questions  referred  to  him  by  the  Commis- 
sioners. 


CHAPTER  IX. 

ORDINANCES. 

115.  Record  of.  117.  When    minimum    fine    only 

IIG.  Two     penalties — one    recov-  expressed — Maximum, 

ery  only.  118.  Words,   how   construed. 

119.  Penalty,  not  expressed. 

Section  115.  Record  of  Ordinances.  All  ordi- 
nances passed  b}^  the  South  Park  Commissioners  shall 
be  recorded  by  the  Secretary  in  a  proper  book  or  books 
with  indexes.  The  originals  shall  be  filed  in  the  Sec- 
retary's oflfice. 

Sec.  IIT).  Two  penalties  for  same  offense— one 
recovery  only.  In  all  cases  where  the  same  offense 
may  be  made  punishable,  or  shall  be  created  by  differ- 
ent clauses,  or  sections  of  the  ordinances  of  the  South 
Park  Commissioners,  the  officer,  or  person  prosecuting', 
may  elect  under  which  to  proceed,  but  not  more  than 
one  recovery  or  punishment 'shall  be  had  against  the 
same  person  for  the  same  offense. 

Sec.  117,  When  minimum  fine  only  expressed — 
maximum.  Whenever  in  this  or  in  any  ordinance 
hereafter  passed  a  minimum  but  no  maximum  fine  or 
penalty  is  imposed,  the  Court  ma}',  in  its  discretion, 
adjudge  the  offender  or  offenders  to  pay  any  sum  of 
money  exceeding-  the  minimum  fine  or  penalty  so  fixed, 
not  exceeding  the  sum  of  Two  Hundred  Dollars. 

Sec.  118.  Words,  plural,  etc.,  how  construed. 
Whenever  any  words  in  any  ordinance  importing  the 
plural  number  shall  be  used  in  describing  or  referring 

45 


46  MUNICIPAL    CODE. 

to  any  matters,  parties  or  persons,  any  single  matter, 
party  or  person  shall  be  deemed  to  be  included,  al- 
though distributive  Avords  may  not  be  used.  And, 
when  any  subject  matter,  party  or  person,  shall  be  re- 
ferred to  in  any  ordinance  by  words  importing  the  sin- 
gular number  only,  or  the  masculine  gender,  several 
matters,  parties  or  persons,  and  females  as  well  as 
males,  and  bodies  corporate  shall  be  deemed  to  be  in- 
cluded: Provided,  that  these  rules  of  construction  shall 
not  be  applied  to  any  ordinance  which  shall  contain 
any  express  provision  excluding  such  construction,  or 
where  the  subject  matter  or  context  of  such  ordinance 
may  be  repugnant  thereto. 

Sec.  119.  Penalty  not  expressed.  Whenever  in 
any  ordinance  the  doing  of  any  act  or  the  omission  to 
do  any  act  or  duty  is  declared  to  be  a  breach  thereof, 
and  there  shall  be  no  fine  or  penalty  declared  for  such 
breach,  any  person  who  shall  be  convicted  of  any  such 
breach  shall  be  adjudged  to  pay  a  fine  of  not  less  than 
Three  Dollars  nor  more  than  One  Hundred  Dollars. 


CHAPTER  X. 

POLICE   DEPARTMENT. 

120.  Police,   number — Captain  of      124.  Duties  of  police. 

police.  125.  Po>wers  of  police. 

121.  Police — age.  126.  Escape,     resisting     police — 

122.  Superintendent    to    appoint  Penalty. 

police.  127.  Impersonation     of     police — 

123.  Special  police.  Penalty. 

Section  120.  Police,  number— Captain.  The  po- 
lice force  shall  consist  of  such  number  of  policemen  as 
shall  from  time  to  time  be  appointed  by  authority  of 
the  Commissioners,  and  shall  be  under  the  command  of 
the  Captain  of  Police.  The  Captain  of  Police  shall  be 
subject  to  the  direction  of  the  Superintendent,  who 
shall  make  proper  rules  and  regulations  for  the  disci- 
pline of  the  police  force  not  inconsistent  witli  the  pro- 
visions of  this  ordinance 

Sec.  121.  Police,  age,  requirements.  The  appli- 
cants for  position  on  the  police  force  shall  not  be  over 
thirty-five  years  of  age,  nor  less  than  five  feet  ten 
inches  tall,  and  must  be  expert  in  horsemanship  and  be 
capable  of  protracted  pliysical  endurance. 

Sec.  122.  Police  appointed  by  Superintendent. 
The  Superintendent  shall  make  all  ax^pointmcnts  to  the 
police  force,  subject  to  the  approval  of  the  Commis- 
sioners, and  shall  have  power  to  remove  any  member 
of  the  police  force,  reporting  his  reasons  therefor  to 
the  next  meeting  of  the  Commissioners. 

47 


48  MUNICIPAL    CODE. 

Sec.  123.  Special  police.  The  Superintendent,  in 
case  of  emergency,  is  hereby  authorized  and  empow- 
ered to  aj)point  special  policemen,  and  such  policemen 
shall  have  the  same  powers  and  authority  as  the  regu- 
hir  police  force,  i)rovided  that  such  appointment  shall 
in  no  case  continue  for  more  than  twenty-four  hours. 

Sec.  124.  Police  duties.  The  seyeral  members  of 
the  police  force,  when  on  duty,  shall  devote  their  time 
and  attention  to  the  discharge  of  the  duties  of  their  sta- 
tion under  the  direction  of  the  Captain  of  Police,  in 
accordance  with  the  ordinances  and  the  rules  and  reg- 
ulations of  the  Superintendent,  and  it  shall  be  their 
duty  to  preserve,  to  the  best  of  their  ability,  order, 
peace  and  quiet,  and  to  enforce  the  laws  and  ordi- 
nances. 

Sec.  12.5.  Police  powers.  They  shall  have  power 
to  arrest  any  person  found  in  the  act  of  violating  such 
laws  and  ordinances,  or  aiding  or  abetting  any  such 
violation,  and  they  shall  take  all  persons  so  arrested 
before  some  justice  of  the  peace  or  police  magistrate. 

Sec.  126.  Resisting  police— escape— penalty.  No 
person  shall  resist  any  member  of  the  police  force  in 
the  discharge  of  his  duty,  or  in  any  wa}^  interfere  with 
or  hinder  or  prevent  him  from  discharging  his  duty,  or 
oif  er  or  endeavor  so  to  do,  or  in  any  manner  assist  any 
person  in  custody  of  any  member  of  the  police  force  to 
escape  or  attempt  to  escape  from  such  custody,  or  res- 
cue or  attempt  to  rescue  any  person  in  custody,  under  a 
penalty  for  each  offense  of  not  less  than  Ten  Dollars. 

Sec.  127.     Impersonation  of  police— penalty.     No 

person  shall  falsely  represent  or  personate  any  member 


POLICE   DEPARTMENT.  49 

of  tbe  police  force,  or  pretend  to  be  a  member  of  the 
police  force,  or  maliciously  and  with  intent  to  deceive, 
use  any  of  the  signs,  signals  or  devices  adopted  or  used 
by  the  police  department,  and  no  person  shall  wear  in 
public  the  uniform  adopted  as  the  police  uniform,  ex- 
cept active  members  of  the  police  force.  Any  person 
violating  any  of  the  provisions  of  this  section  shall  be 
subject  to  a  fine  of  not  less  than  Ten  Dollars  for  each 
and  everv  offense. 


CHAPTER  XL 


RAILROADS. 


128.  Flagman,  gates.  130.  Obstructions  at  crossings. 

129.  Penalty.  131.  Penalty. 

Section  128.  Flagman— gates.  All  railroads  iiow 
using  and  maintaining,  or  wliicli  shall  hereafter  use 
and  maintain  railroad  tracks  across  or  intersecting  any 
of  the  parks,  boulevards,  streets  or  driveways  under 
the  control  of  the  South  Park  Commissioners  shall  sta- 
tion, keep  and  maintain  at  all  times,  at  their  own  ex- 
pense at  each  and  every  of  such  crossings  and  in- 
tersections a  flagman,  whose  duty  it  shall  be  to  signal 
persons  traveling  in  the  direction  of  such  crossing  and 
warn  them  of  the  approach  of  any  locomotive  engine, 
or  car,  or  of  any  impending  danger,  and  such  railroad 
companies  shall  construct  and  maintain  gates  at  such 
crossings  and  intersections  whenever  requested  or  re- 
quired so  to  do  by  resolution  of  the  South  Park  Com- 
missioners. 

Sec.  129.  Penalty.  Any  railroad  or  railway  com- 
pany failing  to  observe  or  comply  with  the  provisions 
of  section  one  hundred  and  twenty-eight  shall  be  sub- 
ject to  the  penalty  of  not  less  than  Ten  Dollars  nor 
more  than  Two  Hundred  Dollars  for  each  and  every 
offense,  and  each  and  every  day  that  such  failure  shall 
continue  shall  be  deemed,  and  constitute,  a  separate 
offense. 

Sec.  130.  Obstructions  at  crossings.  No  railroad 
company,  railroad  engineer,  train  conductor  or  otlier 

i       .  ,  50 


RAILROADS.  51 

railroad  employe,  or  person,  shall  cause  or  allow  any 
locomotive  engine,  car  or  cars,  or  train  of  cars,  to  stop 
or  remain  upon  any  railroad  crossing  across  or  inter- 
secting any  of  the  parks,  boulevards  or  streets  under 
the  control  of  the  South  Park  Oommissioners  for  a 
longer  period  than  live  minutes  at  any  one  time,  nor 
shall  such  railroad  crossings  or  intersections,  or  the 
tracks  thereon  be  used  at  any  time  for  switching  pur- 
poses. 

Sec.  131,  Penalty.  Any  railroad  company,  engin- 
eer, train  conductor  or  other  railroad  employe,  or  any 
person  who  shall  violate  any  of  the  provisions  of  section 
one  hundred  and  thirty  shall  be  subject  to  the  penalty 
of  not  less  than  Five  Dollars  nor  more  than  One  Hun- 
dred Dollars  for  each  and  every  offense. 


CHAPTER   XII. 

REPEAL. 

Sec.  132.  Repeal.  All  ordinances  and  parts  of  or- 
dinances in  conflict  with  this  ordinance  or  any  part 
thereof  are  hereby  repealed. 

Sec.  133.  In  Force.  This  ordinance  shall  be  in  force 
and  effect  upon  and  from  its  passage  and  due  publica- 
tion. 


State  of  Illinois, 
County  of  Cook, 
South  Park  ^  ''^^• 

Commissioners. 

I,  E.  G.  Shumway,  secretary  of  the  South  Park  Com- 
missioners in  the  County  and  State  aforesaid,  and  keep- 
er of  all  papers,  entries,  records  and  ordinances  of  said 
South  Park  Commissioners,  do  hereby  certify  that  the 
above  and  foregoing  is  a  true  cop}^  of  an  ordinance  en- 
titled "Municipal  Code  of  the  South  Park  Commission- 
ers," passed  by  the  South  Park  Commissioners  on  the 
10th  day  of  March,  A.  D.  1897. 

I  further  certify  that  I  am  the  keeper  of  the  original 
ordinance  of  which  the  foregoing  is  a  certified  copy, 
and  that  the  same  is  on  file  in  my  office. 

In  Witness  Whereof  I  have  hereunto  set  my  hand 
and  affixed  the  seal  of  the  South  Park  Commissioners, 
this day  of ,  A.  D.  1897. 


Secretary  of  the  South  Park  Commissioners. 

52 


STATUTES  AND  DECISIONS  EELATING 

TO  THE 

SOUTH  PARK  COMMISSIONERS. 


ORIGINAL  CHARTER. 

AN  ACT  TO  PROVIDE  FOR  THE  LOCATION  AND  MAIN- 
TENANCE OF  A  PARK  FOR  THE  TOWNS  OF  SOUTH  CHI- 
CAGO, HYDE  PARK  ANfD  LAKE.  [APPROVED  FEBRUARY 
24,  1869.] 

Section  1.  Appointment— Oath— Bond.  Be  it  en- 
Jicted  by  the  People  (tf  tlie  State  of  Illioiiis,  repre- 
sented iu  the  General  Assembly,  That  five  persons, 
who  shall  be  appointed  by  the  Governor  of  the  State 
of  Illinois,  together  with  their  snceessors,  be,  and  the}' 
are  hereby,  constitnted  a  Board  of  Pnblic  Park  Com- 
missioners for  the  towns  of  Sontli  Chicago,  Hyde  Park 
and  Lake,  to  be  known  nnder  the  name  of  the  South 
Park  Commissioners;  and  in  case  of  the  failure  of  any 
of  said  persons  to  accept  such  appointment,  and  to 
qualify  thereunder  as  hereinafter  provided,  within  six- 
ty days  after  the  passage  of  this  act,  the  place  of  such 
person  in  said  commission  shall  be  thereby  vacated, 
and  it  shall  be  the  duty  of  a  majority  of  the  Commis- 
sioners so  accepting  to  appoint  some  suitable  person 
to  till  the  plac(-  thus  made  vacant,  which  appointment, 
when  accepted  by  such  ncuninec,  shall  constitute  such 
person  as  a  Commissioner  uiuler  this  act.  And  a  ma- 
jority of  said  Commissioners  shall  so  coutiuue  to  nomi- 

53 


54  STATUTES. 

nate  until  the  board  shall  consist  of  five  persons.  Each 
of  said  Commissioners,  before  entering  upon  the  duties 
of  his  office,  shall  take  an  oath  to  well  and  properly 
discharge  the  duties  of  his  office  for  the  interest  of  the 
public,  which  oath  shall  be  reduced  to  writings  sub- 
scribed to  by  him,  and  filed  in  the  office  of  the  County 
Clerk  of  Cook  County.  They  shall  each  give  a  bond  in 
the  penal  sum  of  fifty  thousand  dollars,  with  one  or 
more  sureties,  to  be  approved  hj  the  Judge  of  the  Cir- 
cuit Court  of  Cook  County  to  the  Treasurer  of  Cook 
County,  conditioned  for  the  faithful  discharge  of  their 
duties  under  this  act. 

Sec.  2.  Term— Officers— Seal— Vacancies.  As 
soon  as  convenient,  after  the  said  board  shall  be  consti- 
tuted as  aforesaid,  the  members  thereof  shall  decide 
by  lot,  at  a  meeting  to  be  called  by  au}^  three  of  them, 
as  to  the  respective  terms  for  which  each  member  shall 
hold  his  office;  the  number  of  lots  shall  equal  the  num- 
ber of  Commissioners,  and  the  person  drawing  the  long- 
est term  shall  serve  for  five  years  from  the  first  day  of 
March,  A.  D.  18G9;  the  one  drawing  the  next  shall 
serve  for  four  years  from  said  date;  the  one  drawing 
the  next  shall  serve  for  three  jenva  from  said  date;  and 
so  on  until  the  term  of  each  one  of  said  Commissioners 
shall  be  definitely  determined,  each  one  serving  for  the 
length  of  time  inscribed  on  the  lot  drawn  by  him — the 
last  of  said  Commissioners  serving  for  the  term  of  one 
year  only  from  said  first  day  of  March,  A.  D.  1869.  As 
soon  as  the  term  of  office  of  each  of  said  Commissioners 
shall  be  determined  as  aforesaid,  said  board  shall  or- 
ganize by  electing  one  of  their  number  as  President, 
and  one  of  their  number  as  Auditor;  they  shall  also 
appoint  a  Treasurer,  prescribe  his  duties  and  fix  his 


ORIGINAL  CHARTER.  55 

compensation,  who  shall  give  bond  for  the  faithful  dis- 
charge of  his  duties  in  the  penal  sum  of  live  hundred 
thousand  dollars,  with  not  less  than  three  sufficient 
sureties,  to  be  approved  by  the  Judge  of  the  Circuit 
Court  of  Cook  Count}-.  They  shall  also  choose  a  Sec- 
retary^, who  shall  not  necessarily-  be  a  Commissioner, 
and  who  shall  hold  his  office  until  his  successor  shall 
be  appointed,  as  hereinafter  provided;  and  all  officers 
appointed  by  the  board  shall  be  subject  to  removal  at 
the  pleasure  of  the  board.  The  said  board  shall  adopt 
a  seal  and  alter  the  same  at  pleasure;  they  shall  keep 
a  complete  record  of  all  their  proceedings,  which  shall 
be  open  at  all  times  for  the  inspection  of  the  public. 
The  said  Commissioners  shall  receive  no  compensation 
for  their  services,  except  the  President,  who  may,  in  the 
discretion  of  said  board,  have  and  receive  such  compen- 
sation as  may  be  fixed  as  hereinafter  provided,  not  to 
exceed  three  thousand  dollars  per  annum.  All  vacan- 
cies occurring  in  said  board  sliall  be  filled  by  the  ap- 
pointment of  the  Judge  of  the  Circuit  Court  of  Cook 
County,  when  such  vacancy  or  vacancies  shall  occur. 
Said  Board  of  Commissioners  shall  be  a  body  politic 
and  corporate,  and  shall  have  and  enjoy  all  the  powers 
necessary  for  the  purposes  of  this  act. 

Sec.  3.  Election.  The  President,  Auditor,  Treas- 
urer and  Secretary  shall  be  elected  annually  by  said 
board,  at  the  annual  meeting  thereof,  and  shall  receive 
such  salar}^  for  their  services  as  said  board  shall  from 
time  to  time  determine,  not  exceeding,  for  each  of  said 
officers,  the  sum  of  three  thousand  dollars  per  anmim. 

Sec.  4.  Lands  to  be  taken.  The  said  Commis- 
sioners, by  this  act,  are  authorized  and  empowered  ro, 


56  STATUTES. 

and  they  shall,  within  ninety  days  after  their  organiza- 
tion as  aforesaid,  or  as  soon  thereafter  as  practicable, 
select  the  following  described  lands,  situated  in  the 
towns  of  South  Chicago,  H^'de  Park  and  Lake,  in  Cook 
County,  Illinois,  to-wit:  Commencing  at  the  south- 
west corner  of  Fifty-first  street  and  Cottage  Grove  ave- 
nue, running  thence  south  along  the  west  side  of  Cot- 
tage (k'ove  avenue  to  the  south  line  of  Fifty-ninth 
street;  thence  east  along  the  south  line  of  Fifty-ninth 
street  to  the  east  line  of  Hyde  Park  avenue;  thence 
north  on  Hyde  Park  avenue  to  Fifty-sixth  street;  thence 
east  along  the  south  line  of  Fifty-sixth  street  to  Lake 
Michigan ;  thence  southerly  along  the  shore  of  the  lake 
to  a  point  due  east  of  the  center  of  section  twenty-four 
(24),  in  township  thirty-eight  (38)  north,  range  fourteen 
(14);  thence  w^est  through  the  center  of  said  section 
twentj^-four  (24)  to  Hjale  Park  avenue;  thence  north 
on  the  east  line  of  Hyde  Park  avenue  to  the  north  line 
of  Sixtieth  street,  so  called;  thence  west  on  the  north 
line  of  Sixtieth  street,  so  called,  to  Kankakee  avenue; 
thence  north  on  the  east  line  of  Kankakee  avenue  to 
Fifty-first  street;  thence  east  to  a  point  to  the  place 
of  beginning;  also,  a  piece  of  land  commencing  at  the 
southeast  corner  of  Kankakee  avenue  and  Fifty-fifth 
street,  running  thence  west,  a  strip  two  hundred  feet 
wide,  adjoining  the  north  line  of  Fifty-fifth  street,  along 
said  Fift3^-fifth  street  to  the  line  between  ranges  thir- 
teen (13)  and  fourteen  (14)  east;  thence  north,  east  of 
and  adjoining  said  line,  a  strij)  two  hundred  feet  wide, 
to  the  Illinois  and  Michigan  canal;  also,  a  parcel  of 
land  beginning  at  the  southwest  corner  of  Douglas 
place  and  Kankakee  avenue,  running  thence  south,  a 
strip  of  land  one  hundred  and  thirty-two  feet  wide 


ORIGINAL  CHARTER.  57 

along  the  west  side  of  said  Kankakee  avenue  to  a  point 
one  linndred  and  fifty  feet  south  of  the  south  line  of 
Fifty-first  street;  also,  a  strip  of  land  commencing  at 
the  intersection  of  Cottage  Grove  avenue  and  Fifty- 
first  street,  running  thence  east  one  hundred  feet  in 
width  on  each  side  of  the  center  line  of  Fifty-first  street, 
to  a  point  one  hundred  feet  east  of  the  center  line  of 
Drexel  avenue;  also,  a  strip  of  land  extending  north 
from  the  intersection  of  Fift^'-first  street  with  Drexel 
avenue,  one  hundred  feet  in  width  on  each  side  of  the 
center  line  of  said  avenue  to  the  north  line  of  Forty- 
third  street;  thence  northerly,  a  strip  of  land  two  hun- 
dred feet  in  width  till  it  meets  or  intersects  with  Elm 
street  in  Cleaverville;  thence  northerly  along  said  Elm 
street,  two  hundred  feet  in  width,  west  from  the  east 
line  of  said  street,  to  its  intersection  with  Oakwood  ave- 
nue; which  said  land  and  premises,  when  acquired  by 
said  Commissioners,  as  provided  by  this  act,  shall  be 
held,  managed  and  controlled  by  them  and  their  suc- 
cessors, as  a  public  park,  for  the  recreation,  health  and 
benefit  of  tlie  public,  and  free  to  all  i)ersons  forever, 
subject  to  such  necessar}^  rules  and  regulations  as  shall, 
from  time  to  time,  be  adopted  by  said  Commissioners 
and  their  successors,  for  the  well  ordering  and  govern- 
ment of  the  same. 

Sec.  5.  Condemnation.  In  case  the  said  Commis- 
sioners cannot  agree  with  the  owner  or  owners,  lessees 
or  occupants  of  any  of  the  said  real  estate  selected  by 
them  as  aforesaid,  they  ma}'  proceed  to  procure  the 
condemnation  of  the  same  in  the  uianner  prescribed  in 
the  act  of  the  ^Jeneral  Assembly  of  the  State  of  Illinois, 
entitled  "An  Act  to  auieinl  tlic  law  condemning  right 
of  way  for  the  purpose  of  internal  iiM])rov<MM(Mi<s,"  a]»- 


58  STATUTES. 

proved  June  22,  1852,  and  the  acts  amendatory  thereof, 
the  provisions  of  which  said  act,  and  the  several  acts 
amendatory  thereof,  are  hereby  extended  to  the  park 
and  Park  Commissioners  to  be  created  by  virtue  of  this 
act. 

Sec.  6.  Map.  When  the  title  to  the  land  selected 
for  such  park  as  herein  provided  shall  have  been  ac- 
quired by  said  Commissioners,  by  gift,  condemnation, 
or  otherwise,  it  shall  be  the  duty  of  such  Commission- 
ers to  make,  acknowledge,  and  file  for  record  in  the 
office  of  the  Recorder  of  Deeds  for  Cook  County  a  map, 
showing  the  said  land,  with  a  correct  description,  in- 
cluding section,  township  and  range. 

Sec.  7.  Assessors— Assessment,  etc.  As  soon  as 
the  amount  required  for  the  condemnation  of  the 
grounds  selected  for  said  park  shall  have  been  ascer- 
tained by  said  Commissioners,  with  reasonable  cer- 
tainty, they  shall  apply  to  the  Judge  of  the  Circuit 
Court  of  Cook  County  for  the  appointment  of  three 
freeholders  of  the  County  of  Cook  as  park  assessors. 
The  Commissioners  shall  give  notice  in  one  or  more  of 
the  daily  newspapers  published  in  the  City  of  Chicago, 
of  the  time  when  such  application  will  be  made,  and  all 
parties  interested  may  appear  and  be  heard  by  the  said 
judge,  touching  such  appointment.  At  the  time  fixed 
for  such  application,  the  court,  after  hearing  such  per- 
sons as  shall  desire  to  be  heard  touching  such  appoint- 
ment, shall  nominate  and  appoint  three  assessors  for 
the  purposes  provided  in  this  act.  The  said  assessors 
shall  proceed  to  assess  the  amount  so  ascertained  upon 
property  in  the  towns  of  South  Chicago,  Hyde  Park 
and  Lake,  in  Cook  County,  deemed  benefited  by  reason 


ORIGINAL  CHARTER.  59 

of  the  improvement  occasioned  by  the  hM-ation  of  said 
park,  as  near  as  may  be  in  proi)ortiou  to  the  benefits 
resulting-  thereto:  Provided,  that  the  aggregate  of 
said  benefits  is  equal  to  or  gTeater  than  the  amount  of 
said  damages;  and  in  case  the  aggregate  of  the  benefits 
is  less  than  the  damages,  then  the  balance  of  the  dam- 
ages over  the  benefits  shall  be  paid  from  the  fund  pro- 
A'ided  for  in  section  eight  of  this  act.  Upon  entering  on 
the  duties  of  their  oftice,  the  said  assessors  shall  make 
oath  before  the  Clerk  of  the  said  Circuit  Court  faithfully 
and  impartially  to  discharge  the  duties  of  their  office. 
They  shall  give  at  least  ten  days'  notice  in  one  of  the 
said  dail}'  papers  of  the  time  and  place  of  their  meet- 
ing for  the  purpose  of  nuiking  said  assessment,  and  may 
adjourn  such  meeting  from  time  to  time  until  the  same 
shall  be  completed.  In  making  the  said  assessment 
the  said  assessors  shall  estimate  the  value  of  the  several 
lots,  blocks  or  parcels  of  land  deemed  benefited  by 
them  as  aforesaid,  and  shall  include  the  same,  together 
with  the  amount  assessed  as  benefits,  in  the  assessment 
roll.  All  parties  interested  may  appear  before  said 
assessors,  and  ma}^  be  heard  touching  any  matter  con- 
nected with  the  assessment.  When  the  same  shall  be 
completed,  it  shall  be  signed  by  the  assessors,  and  re- 
turned to  the  said  Circuit  Court,  and  shall  be  filed  by 
the  clerk  thereof.  The  assessors  shall  thereupon  give 
at  least  ten  days'  notice  in  one  of  the  said  daily  papers, 
of  the  filing  of  said  assessment  roll,  and  they  will,  on  a 
day  therein  named,  apply  to  the  said  Circuit  Court  for 
confirmation  of  the  same,  which  said  notice  shall  be 
publisluMl  at  least  ten  days  before  the  time  fixed  for 
such  application.  Said  Circuit  Court  shall  have  power 
to  revise,  correct,  amend,  or  confirm  said  assessment, 


60  STATUTES. 

iu  whole  or  iu  part,  and  may  make  or  order  a  new  as- 
sessment, in  whole  or  in  part,  and  the  same  revise  and 
confirm  npon  like  notice.  All  parties  interested  may 
appear  before  said  Circuit  Court,  either  in  person  or  by 
attorney,  Avheu  such  application  shall  be  made,  and 
ma}^  object  to  said  assessment,  either  in  whole  or  in 
part,  provided  all  objections  shall  be  in  writing,  and 
shall  be  filed  at  least  three  days  before  the  time  fixed 
for  the  apj)lication,  and  shall  specify  the  lot,  block,  or 
parcels  of  land  on  behalf  of  which  objection  is  made. 
After  the  confirmation  of  said  assessment,  the  Clerk 
of  said  Circuit  Court  shall  file  a  copy  thereof,  under  the 
seal  of  his  said  court,  with  the  Clerk  of  the  County  Court 
of  Cook  County,  and  said  assessment  shall  be  a  lien 
upon  the  several  lots,  blocks,  or  parcels  of  land  assessed 
for  the  benefits  as  aforesaid.  Ten  i)er  cent,  of  the 
amount  so  ascertained  shall  be  due  and  payable  an- 
nually, and  the  Clerk  of  said  Cook  County  Court  shall 
include  in  the  general  tax  warrants  for  each  year,  until 
the  whole  sum  shall  be  paid,  for  the  collection  of  State 
and  county  taxes  in  the  said  towns  of  South  Chicago, 
H^^de  Park  and  Lake,  ten  per  cent,  of  the  said  assess- 
ments, in  an  appropriate  column,  to  be  termed  "South 
Park  Assessment,"  with  the  amount  to  be  collected  op- 
posite the  seveial  lots,  blocks,  or  parcels  of  land  as- 
sessed as  aforesaid;  and  like  x>roceedings  in  all  respects 
shall  be  had  for  enforcing  the  collection  of  the  same 
as  is  now  provided  by  law  for  the  collection  of  State 
and  county  taxes.  The  money  collected  under  the  pro- 
visions of  this  section  shall  be  paid  to  the  treasurer  of 
Cook  County,  for  which  he  and  his  sureties  shall  be  re- 
sponsible, as  fully  as  for  any  other  monej'S  by  him  re- 
ceived as  treasurer  of  Cook  County,  and  be  held  b}^  him 


ORIGINAL  CHARTER.  61 

iu  the  same  maimer  and  be  subject  to  the  same  control 
and  direction,  as  i)r()vid(Ml  in  this  act  for  other  moneys 
belonging-  to  said  corporation;  and  the  treasurer  of 
Cook  County  sliall  be  entitled  to  receive  one-half  of 
one  per  cent,  and  no  nioi-e,  of  said  moneys  as  a  full  com- 
pensation for  receiving  and  disbursing  the  same. 

Sec.  8.  Bonds  for  deficiency.  For  any  deficiency 
arising-  tlirough  acipiiring  a  title  to  said  park,  and  for 
the  payment  of  expenses  of  enclosing,  maintaining  and 
improving-  the  park  herein  provided  for,  and  the  ex- 
penses, disbursements  and  charges  in  the  premises,  the 
said  Commissioners  shall  have  power  to  loan  or  borrow, 
from  time  to  time,  for  such  time  as  the}'  shall  deem  ex- 
pedient, a  sum  of  money  not  exceeding  two  millions  of 
dollars,  and  shall  have  authorit}^  to  issue  bonds,  secured 
upon  the  said  park  and  improvements,  Avhich  bonds 
shall  issue  under  the  seal  of  said  Commissioners,  and 
shall  be  signed  by  said  Commissioners,  and  counter- 
signed by  the  secretary  of  said  board,  and  bear  inter- 
est not  exceeding  scacu  per  cent,  per  annum;  and  it 
shall  be  the  duty  of  said  Commissioners  to  keep  an  ac- 
curate register  of  all  bonds  issued  by  them,  showing 
the  number,  date  and  amount  of  each  bond,  and  to 
whom  the  same  was  issued,  and  said  register  shall  at 
all  times  be  open  to  the  investigation  of  the  public; 
and  for  the  payment  of  the  principal  and  interest  of 
said  bonds  tlio  said  park  and  improvements  shall  be 
irrevocably  j^ledged,  an<l  the  towns  of  South  Chicago, 
TTyde  Park  and  I^ake  shall  be  ii-revocably  bound;  and 
said  bonds  may  be  sold  by  said  Commissioners,  u])on 
such  terms  and  for  such  prices  as,  in  the  judgment  of 
said  Commissioners,  can  be  obtained  for  the  same  iu 
cash. 


62  STATUTES. 

Sec.  9.  Estimate  for  yearly  tax.  The  said  Board 
of  Park  Commissioners  shall  annuall}^,  on  or  before  the 
first  day  of  December  in  each  year,  transmit  to  the 
Clerk  of  the  County  Court  of  Cook  County,  an  estimate, 
in  writing,  of  the  amount  of  money,  not  exceeding  in 
any  one  year  three  hundred  thousand  dollars,  necessary 
for  the  payment  of  the  interest  on  the  bonds  issued  by 
said  board,  and  that  in  addition  thereto  will  be  required 
for  the  improvement,  maintenance,  and  government 
of  said  park  during  the  current  year;  and  the  said  clerk 
shall  proceed  to  determine  what  per  cent,  said  sum  is 
on  the  taxable  property  of  said  towns,  according  to  the 
several  assessors'  returns  for  the  respective  year,  and 
shall,  in  the  next  general  tax  warrants  for  the  collec- 
tion of  State  and  county  taxes  in  said  several  towns, 
set  down  the  amount  chargeable  to  the  several  persons, 
corporations,  lots,  or  parcels  of  ground,  in  a  separate  or 
appropriate  column,  and  shall  receive  such  compensa- 
tion as  now  allowed  by  law;  and  the  collectors  re- 
spectively shall  proceed  to  collect  the  same  in  the  man- 
ner now  provided  by  law  for  the  collection  of  State  and 
county  taxes;  and  all  the  provisions  of  law,  in  respect 
to  the  collection  of  State  and  county  taxes,  and  pro- 
ceedings to  enforce  the  same,  so  far  as  apj)licable,  shall 
apply  to  said  assessments  and  taxes.  The  said  sum  of 
money  shall  be  placed  b}^  the  treasurer  of  the  said 
County  of  Cook,  to  the  credit  of  said  Board  of  Park 
Commissioners,  and  shall  be  drawn  by  said  board  from 
the  county  treasurer  by  warrant,  signed  by  the  x>resi- 
dent  and  secretary  of  the  board,  and  countersigned  by 
the  auditor,  to  be  appointed  as  aforesaid,  and  in  no 
other  wa}^;  the  appointment  of  such  auditor  or  comp- 
troller having  been  first  duly  certified  by  such  president 


ORIGINAL  CHARTER.  63 

and  secretary,  and  filed  in  the  office  of  said  treasurer 
of  Cook  County. 

Sec.  10.  Closing  highway.  It  shall  be  lawful  for 
said  Comniissiouers  to  vacate  and  close  up  auy  and  all 
public  roads  and  highways,  excej)ting  railroads,  which 
may  pass  through,  divide  or  separate  any  lands  selected 
or  appropriated  by  theui  for  the  purpose  of  a  park;  and 
no  such  road  shall  be  laid  out  through  said  park  except 
as  the  said  Commissioners  shall  lay  out  and  construct. 

Sec.  11.  No  Commissioner  to  be  interested  in 
contracts.  No  one  of  the  said  Commissioners  shall  be 
interested,  either  directly  or  indirectly,  in  any  contract 
entered  into  by  them  with  auy  other  person;  nor  shall 
they  be  interested,  directly  or  indirectly,  in  the  pur- 
chase of  an}^  material  to  be  used  or  applied  in  and  about 
the  uses  and  purposes  contemplated  in  this  act.  And  it 
shall  be  a  misdemeanor  for  any  Commissioner  to  be 
directly  or  indirectly  interested,  or  in  any  way  pe- 
cuniarily interested  in  any  contract  or  any  work  of  any 
kind  whatever,  connected  with  said  park. 

Sec.  12.  Commissioners  removed.  The  said  Com- 
missioners, or  either  of  them,  may  be  removed  from 
office  by  the  Judge  of  the  Circuit  Court  of  Cook  County, 
upon  the  petition  presented  to  him  in  term  time  or  in 
vacation,  by  one  hundred  free-lu)lders  of  said  towns  of 
South  Chicago,  Hyde  Park,  and  Lake,  if  it  shall  appear, 
after  hearing  the  proof  before  said  judge,  that  the  said 
Commissioners,  or  either  of  them,  have  been  guilty  of 
misdemeanor  or  malfeasance  in  office  under  this  act; 
and  if  the  said  judge  shall  remove  any  two  or  more  of 
said  Commissioners  from  office  for  auy  cause,  before  the 


64  STATUTES. 

expiration  of  their  term  of  office,  he  is  hereby  empower- 
ed to  appoint  others  in  their  stead,  who  shall  fill  such 
offices  for  and  during  the  unexpired  term  of  such  Com- 
missioners so  removed. 

Sec.  13.  Power  to  govern.  The  said  board  shall 
have  the  full  and  exclusive  poAver  to  govern,  manage 
and  direct  said  park;  to  lay  out  and  regulate  the  same; 
to  pass  ordinances  for  the  regulation  and  government 
thereof;  to  appoint  such  engineers,  surveyors,  clerks, 
and  other  officers,  including  a  police  force,  as  may  be 
necessary;  to  define  and  prescribe  their  resj)ective 
duties  and  authority;  fix  the  amount  of  their  compen- 
sation; and,  geueralh^,  in  regard  to  said  park,  they 
shall  possess  all  the  power  and  authority  now  by  law 
conferred  upon,  or  possessed  by,  the  Common  Council 
of  the  Cit}^  of  Chicago,  in  respect  to  the  public  squares 
and  places  in  said  city;  and  it  shall  be  lawful  for  them 
to  commence  the  imi>rovemeut  of  said  park  as  soon  as 
they  have  obtained  one  hundred  acres  of  the  premises 
herein  described. 

Sec.  14.  Office  vacant.  The  office  of  any  com- 
missioner under  this  act,  who  shall  not  attend  the 
meetings  of  the  board  for  three  successive  months,  after 
having  been  duly  notified  of  said  meetings,  without 
leave  of  absence  from  said  board,  may,  by  said  board, 
be  declared  vacant. 

Sec.  15.  Taxation.  The  real  estate  and  pers(uial 
property  of  said  corporation  shall  be  exempted  from 
taxation  and  assessment. 

Sec.  16.  Bonds  and  funds  for  park  improve- 
ments.    All  moneys  belonging  or  to  belong  to  any 


ORIGINAL  CHARTER.  65 

park  fund  now  in  existence  or  hereafter  to  be  created, 
and  all  bonds,  and  the  proceeds  from  sales  thereof  now 
authorized  or  hereafter  to  be  authorized  to  be  issued 
by  the  City  of  Chicago  for  park  purposes,  in  or  to  which 
the  South  Division  of  the  City  of  Chicago  may  now  or 
shall  hereafter  be  entitled  to  a  distributive  share,  shall 
be  devoted  and  applied  to  the  purchase  or  maintenance 
and  improvement  of  the  park  contemplated  and  creat- 
ed by  this  act,  under  the  direction  and  control  of  the 
Commissioners  provided  for  in  this  act. 

Sec.  17.  Bonds  received  in  payment  of  assess- 
ment. The  bonds  to  be  issued  under  this  act  may  be 
received  in  payment  of  any  assessment,  whether  such 
bond  or  assessment  shall  have  become  due  or  not,  upon 
such  terms  as  shall  be  fair,  just  and  equitable;  and 
upon  the  payment  of  any  assessment,  the  land  upon 
which  the  same  is  assessed  shall  be  free  from  any  lien  or 
liability  to  pay  the  same;  and  such  payment  shall  be 
reported  to  the  County  Clerk  of  Cook  County,  and 
entered  upon  the  record  of  assessment. 

Sec.  18.  Election,  judges,  clerks,  voters.  There 
shall  be  an  election  held  in  the  towns  of  South  Chicago, 
Hyde  Park,  and  Lake,  on  the  fourth  Tuesday  in  March 
next  after  the  passage  of  this  act,  at  which  election 
the  legal  voters  voting  at  such  election  shall  vote  for 
or  against  this  act.  The  tickets  shall  be  print- 
ed or  written,  "For  Park"  or  "Against  Park;"  and  if 
a  majority  of  the  votes  cast  on  the  subject  of  park 
shall  be  "For  Park,"  then  this  act  shall  take  effect 
and  be  in  force,  but  not  otherwise.  The  Clerk  of  the 
County  Court  of  Cook  County  shall  designate  the  places 
of  holding  such  election,  and  give  notice  thereof  in 
one  or  more  of  the   daily  papers  published  in  the 


66  STATUTES. 

County  of  Cook,  at  least  six  days  preceding  such 
election,  and  shall  supply  the  judges  thereof  with 
the  necessary  books,  papers,  and  boxes  as  in  other 
cases  of  election,  and  there  shall  be  one  ijolling  or 
voting  place  in  each  yoting  precinct  in  said  towns,  as 
the  same  were  fixed  at  the  last  general  election  in  the 
County  of  Cook.  The  persons  who  acted  as  judges  or 
inspectors  of  election  in  the  several  precincts  of  said 
towns,  at  the  last  general  election  in  Cook  County,  shall 
be  the  judges  or  insj)ectors  of  this  election.  In  case  the 
judges  or  inspectors  of  election  shall  not  attend  at  the 
time  for  opening  the  polls,  such  judges  or  inspectors 
shall  be  chosen  by  the  legal  voters  present.  The  clerks 
shall  be  appointed  as  j)rovided  in  elections  for  count}' 
of&cers.  The  polls  shall  be  opened  and  closed,  and  the 
election  conducted  as  elections  for  county  officers.  All 
legal  voters  of  said  towns  shall  be  entitled  to  vote  at 
such  election,  without  any  new  registration;  and  the 
judges  or  inspectors  of  such  election  shall  use  the  reg- 
istry list  made  for  the  general  election  in  November, 
1868:  Provided,  That  whenever  any  person  whose 
name  is  not  on  the  registry  list  shall  offer  his  vote  at 
such  election,  the  judges  or  inspectors  shall  require  the 
same  evidence  of  his  qualifications  as  now  provided  by 
law.  The  said  judges  of  election  shall  immediately 
after  the  closing  of  the  polls,  count  the  ballots,  fill  out 
and  sign  the  returns  and  tally  sheets,  as  now  provided 
by  law  in  all  other  elections,  and  return  the  poll  books 
and  ballots  to  the  Clerk  of  the  County  Court,  as  in  other 
cases  of  election.  The  votes  shall  be  canvassed  in  the 
manner  provided  by  law  for  the  election  of  State  and 
county  officers.  The  Clerk  of  the  County  Court  of  Cook 
County  shall,  immediately  after  such  canvass,  cause  a 


ORIGINAL    CHARTER.  67 

certificate  of  the  result  of  such  election  to  be  filed  in 
the  office  of  the  Secretary  of  State,  which  shall  be  con- 
clusive evidence  of  the  result  of  said  election. 

Sec.  19.  This  act  shall  be  a  public  act,  and  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

NOTE. 

In  the  case  of  People  ex  rel.  vs.  Salomon,  51  111.,  37, 
it  was  held  that  under  the  act  of  February  21, 1809,  pro- 
viding- for  the  location  and  maintenance  of  a  park  for 
the  towns  of  South  Cliicago,  Hyde  Park  and  Lake,  those 
towns  were  erected  into  a  park  district,  and  the  people 
of  the  towns  affected  by  the  act,  having,  by  a  vote,  ac- 
cepted its  provisions,  the  Board  of  South  Park  Com- 
missioners was  thereby  created  and  became  a  munici- 
pal corporation,  to  which  was  committed  the  entire 
control  of  the  park,  and  in  which  it  was  competent  for 
the  Legislature  to  vest  the  power  to  assess  and  collect 
taxes  within  the  park  district  so  created,  for  the  special 
corporate  pur^jose  of  its  creation,  and  that  it  was  the 
duty  of  the  County  Clerk  of  Cook  County  to  receive  and 
file  an  estimate,  made  by  the  Commissioners,  of  the 
amount  of  money  required  for  park  purposes  and  to 
place  that  amount  in  tlie  proper  tax  warrants  to  be 
collected  from  the  tax  payers  of  the  district,  as  pro- 
vided in  the  acts  of  the  Legislature  of  1809. 

Tlie  Court  held  in  this  case  that  the  South  Park  Com- 
missioners were,  by  the  acts  of  the  Legislature  creating 
it  and  the  vote  of  the  people  in  the  three  towns  accept- 
ing it,  constituted  into  and  made  the  corporate  authori- 
ty of  the  Towns  of  South  Chicago,  Hyde  Park  and  Lake, 
for  the  purpose  of  assessing  and  collecting  taxes  for 
the  purposes  of  establishing  and  maintaining  the  South 
Park  system.    See  also  Dunham  vs.  People,  96  Ills.,  331. 


68  STATUTES. 

AN  ACT  AMENDATORY  OF  AND  SUPPLEMENTARY  TO  AN  ACT 
TO  PROVIDE  FOR  THE  LOCATION  AND  MAINTENANCE  OP 
A  PARK  FOR  THE  TOWNS  OF  SOUTH  CHICAGO,  HYDE 
PARK  AND  LAKE,  APPROVED  FEBRUARY  24,  1869.  [AP- 
PROVED APRIL  16,  1869.] 

Section  1.  Lands  taken.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  Gen- 
eral Assembly,  That  the  portion  of  the  fourth  section 
of  the  act  to  Avhich  this  is  amendatory  and  supple- 
mental, which  is  in  the  words  "A  piece  of  land  com- 
mencing at  the  soutlieast  corner  of  Kankakee  avenue 
and  Fifty-fifth  street;  running  thence  west,  a  strip  two 
hundred  feet  wide  adjoining  the  north  line  of  Fifty-fifth 
street,"  is  hereby  amended  by  substituting  in  lieu 
thereof  the  words  "A  piece  of  land  commencing  at  the 
northeast  corner  of  Kankakee  avenue  and  Fifty-fifth 
street,  running  thence  west  a  strip  two  hundred  feet 
wide  south  of  and  adjoining  the  north  line  of  said  Fifty- 
fifth  street." 

Sec.  2.  Bonds  issued.  The  bonds  authorized  to 
be  issued  by  the  act  of  which  this  is  amendatory  and 
supplemental,  may  be  issued,  sold,  and  the  proceeds 
applied  for  acquiring  said  lands,  and  for  any  and  all 
purposes  in  the  said  act  mentioned.  Said  bonds  shall 
be  retired  and  cancelled  as  fast  as  the  money  for  that 
purpose  can  be  obtained,  by  the  collection  of  the  money 
due  upon  the  special  assessment  provided  for  in  sec- 
tion seven  of  the  act  hereinbefore  mentioned,  and  a 
sufficient  amount  of  any  bonds  that  may  be  issued  by 
the  City  of  Chicago  under  any  law  now  in  force  or  here- 
inafter enacted,  and  received  by  said  Commissioners, 
shall  be  applied  to  the  purpose  of  retii'ing  the  bonds 
authorized  by  said  act. 


AMENDMENT  TO  CHARTER.  69 

Sec.  3.  The  ninth  section  of  said  act  is  hereby  so 
amended  that  the  words  "during  the  current  year," 
shall  read  "during  the  next  succeeding  year." 

Sec.  4.  Removal  of  commissioners.  That  the 
twelfth  section  of  said  act  be  and  the  same  is  hereby 
amended  so  as  to  read  as  follows:  The  said  Commis- 
sioners, or  either  of  them,  may  be  removed  from  office 
by  the  Judge  of  the  Circuit  Court  of  Cook  County,  upon 
the  petition  presented  to  him,  in  term  time  or  in  vaca- 
tion, by  one  hundred  freeholders  of  said  towns  of  South 
Chicago,  Hyde  Park  and  Lake,  if  it  shall  appear,  after 
hearing  proof  before  said  judge,  that  the  said  Com- 
missioners, or  either  of  them,  have  been  guilty  of  mis- 
demeanor or  malfeasance  in  office  under  this  act;  and 
if  the  said  judge  shall  remove  any  one  or  more  of  said 
Commissioners  from  office  for  any  cause  before  the  ex- 
piration of  their  term  of  office,  he  is  hereby  authorized 
and  empowered  to  fill  the  vacancy  or  vacancies  thus 
created  by  appointing  other  Commissioners  in  their 
place,  who  shall  serve  during  the  unexpired  terms  of 
the  Commissioners  so  removed. 

Sec.  5.  Adjoining  streets.  The  Commissioners  to 
be  appointed  under  said  act  are  hereby  A^ested  with  the 
same  powers  and  duties  as  are  conferred  by  said  act  in 
relation  to  lands  designated  for  parks,  over  all  streets 
running  longitudinally  along  and  adjoining  any  and  all 
of  the  proposed  parks,  or  strips  of  land  designated  in 
said  original  act,  as  are  conferred  by  said  act  in  re- 
lation to  such  parks  and  strips  of  land,  as  may  be  neces- 
sary to  improve  and  keep  in  repair  the  same,  in  con- 
nection with  the  said  parks  or  strips  of  land,  witliout 
obstructing  the  fences  or  other  structures,  free  access 


70  STATUTES. 

to  the  said  streets  from  existing  roads  and  streets,  and 
by  owners  of  land  abutting  on  tiie  same. 

See.  6.  Election.  The  elections  held  in  the  towns 
of  South  Chicago,  Hyde  Park  and  Lake,  on  the  twenty- 
third  day  of  March,  A.  D.  1869,  under  and  by  virtue  of 
the  eighteenth  section  of  the  act  to  which  this  is  an 
amendment,  are  hereby  legalized  and  confirmed,  and 
said  act  shall  be  held  and  deemed  to  have  been  regu- 
larly and  legally  adopted  by  the  legal  voters  of  said 
towns,  and  shall  remain  in  full  force  and  effect,  and 
shall  be  liberally  construed  in  all  courts  with  a  view 
to  carry  out  and  enforce  the  intent  and  meaning  of  the 
same.  '      .    Ij   •■.    \ 

Sec.  7.  This  act  is  hereby  declared  a  public  act, 
and  shall  take  effect  and  be  in  full  force  from  and  after 
its  passage. 

COMPLETION  AND  MANAGEMENT. 

AN  ACT  TO  ENABLE  THE  CORPORATE  AUTHORITIES  OF  TWO 
OR  MORE  TOWNS,  FOR  PARK  PURPOSES,  TO  ISSUE  BONDS 
IN  RENEWAL  OP  BONDS  HERETOFORE  ISSUED  BY  THEM, 
AND  TO  PROVIDE  FOR  THE  PAYMENT  OF  THE  SAME:  TO 
MAKE.  REVISE  AND  COLLECT  A  SPECIAL  ASSESSMENT 
ON  CONTIGUOUS  PROPERTY  FOR  BENEFITS  BY  REASON 
OF  THE  LOCATION  OF  PARKS  AND  BOULEVARDS  AND  TO 
MAKE  NECESSARY  CHANGES  IN  THEIR  LOCATION.  [AP- 
PROVED JUNE  16,  1871.     IN  FORCE  JULY  1,  1871.] 

Section  1.  Park  Commissioners  corporate  authori- 
ties. That  persons  who  have  been  appointed  or  other- 
wise selected,  as  Commissioners  or  officers  under  and  in 
pursuance  of  any  act  or  acts  of  the  General  Assembly 
of  this  State  which  has  or  have  been  submitted  to  the 
legal  voters  of  one  or  more  towns,  and  by  them  respec- 
tively adopted,  for  the  purpose  of  locating,  establishing. 


COMPLETION  AND  MANAGEMENT.  71 

enclosing:,  improving  or  maintaining  any  public  park, 
boulevard,  driveway,  highway  or  other  public  work,  or 
iiiil)rovement,  are  declared  to  be  corporate  authorities 
of  such  towns  for  the  purposes  named  in  such  act  or 
acts;  whether  such  persons  are  authorized  to  discharge 
the  duties  imposed  upon  them  as  a  corporation  or  other- 
wise. 

Sec.  2.  New  bonds  issuable  for  old  park  bonds. 
Corporate  authorities  of  towns  who  have  been  author- 
ized bv  law  to  issue  bonds  for  the  purpose  of  establish- 
ing, inclosing,  improving  or  maintaining  any  public 
park,  boulevard,  driveway,  highway,  or  other  public 
work,  or  improvement  in  such  towns,  may  issue  new 
bonds,  payable  not  more  than  twenty  years  from  the 
date  thereof,  and  the  same  exchange  for  bonds  issued 
by  such  corporate  authorities  for  the  same  purpose. 
The  said  corporate  authorities  may  purchase  any  bonds 
issued  by  them,  at  any  rate  not  exceeding  the  par  value 
thereof,  and  issue  in  lieu  of  the  same,  bonds  payable 
as  aforesaid;  such  new  bonds  shall  be  issued  under  the 
seal  of  said  corporate  authorities,  if  they  have  one,  and 
shall  be  signed  by  them  and  countersigned  hy  their 
Secretary,  if  tliey  have  one,  and  bear  interest  not  ex- 
ceeding seven  per  cent,  per  annum,  payable  semi-an- 
nually; and  the  principal  and  interest  may  be  made 
payable  at  any  place  or  places,  within  or  without  this 
State.  The  said  bonds  shall  also  contain  a  provision 
securing  to  said  corporate  autliorities  the  right,  if  the 
said  bonds  or  a  sufficient  number  of  them,  cannot  be 
])iirchiised  at  not  exceeding  on(^  ])er  cent,  above  the  par 
value  IIi(M'(M)f,  for  the  yearly  sinking  fnnd  hereinafter 
})rovi(led,  to  ]»ay  and  retire  at  the  end  of  each  year 
after  the  date  of  said  bonds,  or  so  so(»n  1  hereafter  as  due 


72  STATUTES.  ' 

notice  shall  have  been  given,  such  number  of  the  same, 
as  may  be  necessary  for  that  purpose,  to  be  selected  by 
lot  by  said  corporate  authorities,  in  the  manner  herein- 
after provided. — It  shall  be  the  duty  of  said  corporate 
authorities  to  keep  an  accurate  register  of  all  bonds 
issued  by  them,  showing  the  number,  date  and  amount 
of  each  bond,  and  said  register  shall,  at  all  times,  be 
open  to  the  inspection  of  the  public. — The  public  park, 
boulevard,  driveway,  highway,  or  other  public  work  or 
improvement,  on  account  of  which  said  bonds  may  be 
issued,  shall  be  irrevocably''  pledged  for  the  payment  of 
the  principal  and  interest  thereof,  and  the  town  in 
which  such  public  park,  boulevard,  driveway,  highway, 
or  other  public  work  or  improvement  are  in  whole  or 
in  part  situated,  shall  also  be  irrevocably  bound  for 
the  payment  of  the  same.  Bonds  issued  under  this  act 
may  be  exchanged  as  aforesaid,  or  sold  by  said  corpo- 
rate authorities  for  such  prices  as  they  may  deem  expe- 
dient, but  the  proceeds  of  bonds  sold  shall  only  be 
used  for  the  payment  or  purchase  of  outstanding  bonds 
which  cannot  be  exchanged. — The  bonds  received  in 
exchange  or  purchased  as  aforesaid  shall  be  cancelled, 
whereof  an  entry  shall  be  made  upon  the  bond  regis- 
ter of  said  corporate  authorities,  showing  the  date, 
number  and  amount  of  each  bond  cancelled;  and  no 
bonds  shall  be  issued  under  this  act  exceeding  the 
amount  already  issued,  nor  contrary  to  the  provisions 
of  section  twelve,  article  nine,  of  the  Constitution  of 
this  State,  nor  until  provision  is  made  by  law  for  the 
collection  of  a  direct  annual  tax  sufficient  to  pay  the 
interest  on  such  bonds  as  it  falls  due,  and  also  to  pay 
and  discharge  the  principal  thereof  on  or  before  the 
time  when  the  same  shall  become  due.    And  whenever 


COMPLETION  AND  MANAGEMENT.  73 

any  provision  has  been  made  by  any  act  or  acts  of  the 
general  assembly  of  this  State  for  the  assessment  and 
collection  of  an  annual  tax  in  order  to  pay  the  interest 
on  bonds  issued  by  said  corporate  authorities,  the  pro- 
visions of  said  act  or  acts  are  hereby  continued  and 
extended,  so  as  to  require  the  assessment  and  collection 
of  said  annual  tax,  not  only  for  the  purpose  of  said  act 
or  acts  named,  but  for  the  payment  of  the  interest  on 
any  bonds  which  may  be  issued  under  this  act,  and  to 
provide  for  the  annual  payment  of  a  part  of  the  princi- 
pal thereof.  Officers  collecting  said  annual  tax  are  re- 
quired at  the  end  of  each  month,  to  pay  to  said  corpo- 
rate authorities,  so  much  of  said  tax  as  has  been  col- 
lected, and  for  collecting  and  paying  over  of  said  annual 
tax,  no  compensation  shall  be  allowed  except  the  salary 
allowed  by  law  to  the  collector  thereof;  and  if,  for  any 
cause,  any  portion  of  said  annual  tax  required  to  be 
assessed  and  collected  as  aforesaid,  shall  for  any  one  or 
more  years  fail  to  be  collected,  the  said  corporate  au- 
thorities are  required  to  add  such  deficiency  or  defi- 
ciencies to  the  amount  required  to  be  assessed  in  the  suc- 
ceeding year  or  years,  and  the  amount  of  such  de- 
ficiency or  deficiencies  shall  be  by  the  proper  officers 
assessed  and  collected  in  the  same  manner  as  said  an- 
nual tax,  and  as  a  part  thereof. — The  said  corporate 
authorities  are  required  to  cause  said  tax  and  any 
deficiencies  occurring  as  aforesaid,  to  be  assessed  and 
collected  as  required  by  law,  and  to  apply  sufficient 
thereof  from  time  to  time  to  pay  the  interest  upon  said 
bonds  issued,  and  which  may  be  issued  as  the  said  in- 
terest shall  fall  due. — ^And  at  the  end  of  the  year  after 
the  date  of  any  bonds  issued  under  this  act,  and  of 
every  year  thereafter,  the  said  corporate  authorities 


74  STATUTES. 

shall,  from  the  proceeds  of  said  annual  tax,  set  apart 
not  less  than  three  and  one-fourth  per  cent,  of  the  whole 
amount  of  bonds  issued  under  this  act,  and  a  sum  equal 
to  the  annual  interest  on  said  sum  at  the  rate  of  in- 
terest borne  by  said  bonds;  which  sum  shall  be  applied 
by  said  corporate  authorities  in  the  purchase  of  bonds 
issued  by  them,  if  the  same  can  be  obtained  at  not  ex- 
ceeding one  per  cent,  above  the  par  value  thereof;  and 
if  the  said  corporate  authorities  cannot  obtain  said 
bonds  or  sufficient  of  them  to  absorb  said  fund  at  that 
price,  then  from  the  outstanding  bonds  issued  under 
this  act,  and  not  theretofore  selected,  shall  be  selected 
by  lot,  so  many  thereof,  as  may  be  required  to  absorb 
the  funds  so  set  apart  for  a  sinking  fund.  The  said 
selection  shall  be  made  by  said  corporate  authorities  at 
the  end  of  each  successive  year  after  the  date  of  said 
bonds,  or  within  one  month  thereafter,  in  the  presence 
of  one  of  the  Judges  of  the  Circuit  Court  of  said  county, 
who  with  said  corporate  authorities  shall  make  and 
sign  duplicate  certificates  of  the  result  thereof,  one  of 
which  shall  be  tiled  in  the  office  of  the  said  coi^porate 
authoritievS,  and  the  other  in  the  office  of  the  County 
Clerk  of  said  county.  Notice  of  said  election  and  of 
the  numbers  of  the  bonds  so  selected,  shall  be  forth- 
with given  by  said  corporate  authorities  in  one  or  more 
newspapers  published  in  said  county  and  in  the  City 
of  New  York,  and  if  the  owners  of  said  bonds  shall  be 
registered,  notice  to  such  owners  shall  also  be  given  by 
letter  mailed  to  the  address  of  such  owner  at  his  place 
of  residence,  if  known  or  shown  upon  said  register. 
The  interest  on  bonds  selected  b}'  lot,  as  aforesaid,  shall 
cease  from  and  after  the  time  when  the  semi-annual 
interest  on  the  same  shall  fall  due  next  after  the  said 


COMPLETION  AND  MANAGEMENT.  75 

selection  is  made;  and,  from  the  sums  so  set  apart  for 
a  sinking  fund,  shall  be  paid  the  bonds  so  selected  by 
lot  as  aforesaid,  with  interest  until  payment,  or  until 
the  same  shall  cease  as  aforesaid.  Tlie  funds  so  set 
apart  for  a  sinking  fund  shall  not  be  used  for  any  pur- 
pose other  than  purchasing  bonds  to  be  cancelled,  and 
paying  bonds  selected  as  aforesaid  for  the  same  pur- 
pose. The  bonds  so  selected,  when  paid,  and  the  bonds 
purchased,  shall  be  cancelled,  a  certificate  whereof, 
stating  the  number,  date  and  amount  of  said  canceUed 
bonds,  shall  from  time  to  time  be  made  by  said  corpo- 
rate authorities,  and  filed  in  the  office  of  the  Ck)unty 
Clerk  of  said  county. 

Sec.  3.  Assessment,  proceedings  thereon.  Corpo- 
rate authorities  of  one  or  more  towns  who  have  been 
authorized  to  make,  establish  or  maintain  any  local  im- 
provement, in  whole  or  in  part,  by  special  assessment 
or  special  taxation  of  contiguous  property,  or  other- 
wise, may  estimate  as  near  as  may  be  the  probable  cost 
of  the  lands,  taken  or  to  be  taken  or  purchased  for  such 
improvement,  or  revise,  enlarge  and  correct  any  esti- 
mate theretofore  made,  and  make  a  new  one  of  the 
same,  and  of  the  expenses  of  obtaining  said  lands,  to- 
gether with  the  cost  of  making  and  collecting  a  special 
assessment  to  paj^  the  cost  of  said  lands  and  expenses, 
and  shall  apportion  the  estimated  costs  of  said  lands, 
expenses  and  the  cost  of  assessment  as  aforesaid,  u[)(»n 
the  lands  situated  in  said  towns,  by  said  corjwrate 
autliorities  deemed  benefited  by  reason  of  said  local 
improvement,  as  near  as  may  be,  in  proportion  to  the 
benefit  resulting  thereto.  And  if  said  corporate  au- 
thorities shall  not  deem  the  lands  in  said  towns  bene- 
fited to  the  full  extent  of  the  estimated  cost  of  the  lands, 


76  STATUTES. 

taken  or  to  be  taken  or  purcliased  a»  aforesaid,  and  the 
costs  and  expenses  aforesaid,  tlien  the  said  corporate 
authorities  shall  in  like  manner  apportion  so  much 
thereof  as  they  shall  deem  the  lands  in  said  town  bene- 
fited.— The  said  corporate  authorities  shall  give  at  least 
ten  days  notice  in  one  or  more  newspapers  published  in 
the  county  in  which  such  towns  are  situated,  of  the 
time  and  place  of  their  meeting  for  the  purpose  of  mak- 
ing said  assessment,  and  may  adjourn  such  meeting 
from  time  to  time,  until  the  same  shall  be  completed. 

In  making  the  said  assessment,  the  lots,  blocks  and 
parcels  of  land  deemed  benefited,  as  aforesaid,  shall  be 
assessed,  according  to  the  descriptions  and  divisions 
thereof  appearing  of  record  in  said  county,  on  the  day 
of  the  said  first  meeting,  for  the  purpose  of  making  the 
said  assessment:  but  no  error  in  the  description  or  di- 
vision of  any  lot,  block  or  parcel  of  land,  in  making 
said  assessment,  shall  vitiate  the  same,  provided  the 
premises  are  described  with  substantial  accuracy.  The 
said  corporate  authorities  shall  estimate  the  value  of 
the  several  lots,  blocks  or  parcels  of  land  deemed  by 
them  benefited  as  aforesaid,  and  shall  include  the  same, 
together  with  the  amount  assessed  for  benefits,  in  an 
assessment  book  or  roll. — All  parties  interested  may 
appear  before  said  corporate  authorities,  and  may  be 
heard  touching  any  matter  connected  with  the  assess- 
ment. 

When  the  same  shall  be  completed  it  shall  be  signed 
by  the  said  corporate  authorities,  or  by  a  majority 
thereof,  and  returned  to  the  Circuit  Court  of  the  county 
in  which  such  towns  are  situated,  and  filed  with  the 
clerk  of  said  court, — whereupon  the  said  corporate  au- 
thorities shall  give  at  least  ten  days'  notice  of  the  filing 


COMPLETION  AND  MANAGEMENT.  77 

of  said  assessment  roll,  aud  that  tliey  will  on  a  day 
named,  apply  to  the  said  Circuit  Court  for  confirmation 
of  the  same.  Said  notice  shall  be  signed  by  said  corpo- 
rate authorities,  or  by  a  majority  of  them,  and  shall 
state  the  general  nature  of  the  improvement  for  which 
said  assessment  was  made,  and  the  towns,  township, 
range  and  section  in  which  the  same  is  situated,  with- 
out further  description  of  its  locality;  and  shall  also 
state  when  the  said  assessment  was  filed  in  said  court 
and  the  da}^  when  the  said  corporate  authorities  will 
aj^ply  to  said  court  for  confirmation  of  the  same;  but 
said  notice  need  not  contain  a  description  of  the  lots, 
blocks  or  parcels  of  land  assessed,  nor  the  amount  as- 
sessed upon  them,  or  any  of  them,  nor  mention  any 
particular  law  or  laws  of  the  State  under  which  said 
assessment  was  made;  which  said  notice  shall  be  pub- 
lished in  one  or  more  newspapers  published  in  the  coun- 
ty in  which  said  towns  are  situated,  at  least  ten  days 
before  the  time  therein  named  for  such  application. 
When  it  shall  appear  to  said  court  that  proper  notice 
has  been  given,  it  shall  have  power  to  hear,  adjudge  and 
determine  the  matter  of  said  application,  and  all  mat- 
ters connected  therewith.  Any  person  interested  in 
any  lot,  block  or  parcel  of  land  assessed,  may  appear 
therein,  in  person  or  by  attorney,  and  object  to  said 
assessment :  Provided,  All  objections  shall  be  in  writ- 
ing and  be  filed  in  said  court  at  least  three  days  before 
the  time  fixed  for  said  application,  and  shall  specify  the 
lots,  blocks  or  parcels  of  land  wherein  the  said  person 
objecting  is  interested,  in  respect  whereof  objections 
are  made,  and  the  grounds  thereof;  said  court  shall 
have  power  to  revise,  correct,  amend  and  confirm  the 
said  assessment,  in  whole  or  in  part,  and  may,  without 


78  STATUTESi 

further  notice  or  order,  make  a  new  assessment  in  wliole 
or  in  part,  and  the  same  confirm,  or  may  order  a  new 
assessment  to  be  made  in  whole  or  in  part,  and  the 
same  may  revise,  correct,  amend  and  confirm  upon  lilve 
notice  as  aforesaid,  or  upon  such  notice  as  it  may  pre- 
scribe, but  no  order  to  make  a  new  assessment  in  part 
shall  hinder  or  delay  the  confirmation  of  the  residue,  or 
the  collection  thereof.  From  and  after  the  time  the 
amount  of  any  assessment  shall  be  ascertained  and  con- 
firmed by  said  court,  as  to  any  lot,  block  or  parcel  of 
land  so  assessed,  the  amount  thereof  shall  be  a  lien 
thereon,  and  may  be  paid  at  any  time.  The  said  court 
shall  divide  the  amount  of  said  assessment  into  install- 
ments, and  fix  the  amount  of  the  first  installment,  but 
the  first  installment  shall  not  exceed  twenty-five  (25) 
per  cent,  of  the  said  assessment. 

The  portion  of  said  assessment,  after  deducting  there- 
from said  first  installment,  shall  be  divided  by  the  court 
into  seven  equal  installments,  Avhich  said  installments 
shall  be  payable  annually  thereafter,  and  the  court 
shall  fix  the  time  on  or  before  which  each  of  said  install- 
ments shall  severally  be  paid.  All  installments  shall 
bear  interest  at  the  rate  of  seveii  per  cent,  per  annum 
from  the  time  on  or  before  which  the  payment  of  the 
first  one  is  to  be  made.  The  said  corporate  authorities, 
or  their  officer,  from  time  to  time  duly  authorized  by 
them,  and  to  be  mentioned  in  some  order  or  orders  of 
said  court,  which  it  may  from  time  to  time  make,  shall 
have  full  power  and  authority  to  collect  such  assess- 
ment from  the  owners  of  such  lands,  and  to  give  all 
proper  receipts  and  discharges  therefor.  The  orders  of 
said  court  shall  be  conclusive  evidence  of  the  regularity 
of  all  previous  proceedings  necessary  to  the  validity 


COMPLETION  AND  MANAGEMENT.  79 

• 

thereof,  and  of  all  matters  and  things  theiein  recited  as 
having  been  heard  and  adjudged  by  said  court.  It  shall 
be  the  duty  of  the  clerk  of  said  court  to  enter  in  said 
assessment  book  or  books,  or  upon  said  assessment 
roll,  all  reA'isions,  corrections  and  amendments  of  such 
assessment,  and  all  new  assessments  made  by  the  court, 
and  all  revisions,  corrections  and  amendments  of  the 
same,  and  all  orders  for  new  assessments  and  all  new 
assessments  made  in  pursuance  of  sucli  order,  and  all 
revisions,  corrections  and  amendments  of  the  same,  to- 
gether Avitli  all  orders  of  the  court  in  said  proceedings. 
The  said  corporate  authorities  are  required  to  fur- 
nish to  the  clerk  of  said  court  a  duplicate  copy  of  said 
assessment  book  or  books,  or  roll,  wherein  shall  be  en- 
tered from  time  to  time  by  said  corporate  authorities 
the  several  matters  and  things  entered  in  said  original 
assessment  book  or  books,  or  upon  said  original  assess- 
ment roll,  which  duplicate  and  the  entries  thereon, 
shall  from  time  to  time,  as  the}'  are  made,  be  ceilitied 
by  the  clerk  of  said  court,  under  the  seal  thereof,  as  a 
true  cop\'  of  the  original,  and  such  duplicate  copy  of 
the  assessment  book  or  books,  or  roll,  certified  as  afore- 
said, shall  be  sufficient  authority  to  said  corporate  au- 
thorities, or  to  their  officer  designated  therein,  to  collect 
any  assessment  therein  confirmed  as  aforesaid,  and  to 
receipt  for  and  discharge  the  same.  It  shall  be  the  duty 
of  the  officer  having  the  custody  of  said  original  assess- 
ment book  or  books,  or  roll,  to  enter  thereon  from  such 
receipt  or  discharge  the  fact  of  such  payment,  which 
entry  shall  be  evidence  of  the  same.  After  the  proceed- 
ings in  the  said  Circuit  Court  shall  be  finally  concluded 
and  terminated,  it  shall  be  the  dut}'  of  the  clerk  tliere- 
of  to  deposit  said  original  assessment  book  or  books. 


80  STATUTES. 

or  roll,  and  all  proceedings  relative  to  the  same,  duly 
entered  as  aforesaid,  and  properly  certified,  with  the 
County  Clerk  of  the  county  in  which  such  towns  are 
situated. 

In  case  said  assessment,  or  any  part  thereof,  so  con- 
firmed as  aforesaid,  shall  not  be  paid  at  the  time  or 
times  fixed  therefor  by  the  orders  of  said  Circuit  Court, 
it  shall  be  the  duty  of  the  corporate  authorities  to  re- 
turn to  the  County  Treasurer,  or  to  some  general  officer 
of  said  county  having  authority  to  receive  State  and 
county  taxes,  a  list  of  the  lots,  blocks  and  parcels  of 
land  so  assessed,  upon  which  said  assessment  shall  re- 
main unpaid,  and  the  amount  unpaid  upon  each  lot, 
block  or  parcel  of  land,  and  from  and  after  the  return 
of  such  delinquent  list,  the  said  County  Treasurer  or 
other  general  officer  of  said  county  having  authority  to 
receive  said  State  and  county  taxes,  as  well  as  said 
corporate  authorities,  or  their  officer,  shall  have  author- 
ity to  receive  any  of  said  unpaid  assessments,  and  to 
give  all  proper  receipts  and  discharges  therefor.  It 
shall  also  be  the  duty  of  said  corporate  authorities  to 
make  and  certify  to  the  County  Court  in  which  such 
towns  are  situated  a  return,  therein  designating  the 
said  delinquent  lands  and  the  due  and  unpaid  assess- 
ments against  the  same;  and  thereupon  the  said  cor- 
porate authorities  shall  give  notice  by  publication  in 
one  or  more  of  said  newspapers,  that  they  will,  on  a  day 
in  said  notice  named,  apply  to  said  County  Court  for 
judgment  against  all  delinquent  lots,  blocks  or  parcels 
of  land  upon  which  said  assessment,  or  any  part  there- 
of, shall  be  unpaid.  Such  notice  may  be  general,  but 
must  contain  a  description  of  the  lots,  blocks  or  parcels 
of  land  and  the  names  of  parties  interested,  if  known, 


COMPLETION  AND  MANAGEMENT.  81 

and  the  amount  due  and  unpaid,  which  notice  shall  be 
published  in  one  or  more  of  said  newspapers  at  least 
ten  days  before  the  time  fixed  for  making  said  applica- 
tion, and  the  said  application  may  be  made  on  the  day 
named,  or  any  day  of  the  same  term  by  the  permission 
of  said  court.  The  said  corporate  authorities  and  the 
said  County  Treasurer,  or  other  general  officer  of  said 
county,  to  whom  said  delinquent  list  shall  have  been 
returned,  shall  respectively  report  to  said  court  the 
respective  lots,  blocks  and  parcels  of  Jaiid  upon  which 
said  assessment  has  been  paid  to  theiu  resi>ectively, 
after  the  return  of  said  delinquent  lists  as  aforesaid. 
And  thereupon  such  proceedings,  orders  and  judgments 
shall  be  had,  as  nearly  as  may  be,  as  in  cases  of  delin- 
quent lands  whereof  judgment  is  prayed  for  the  non- 
payment of  State  and  county  taxes;  and  the  said  judg- 
ments shall  be  conclusive  of  the  regularity  of  all  mat- 
ters necessary  to  the  validity  thereof,  excepting  the 
giving  of  said  notice  of  the  application  for  judgment. 
After  said  notice  for  application  for  judgment  shall 
have  been  published,  the  cost  of  publication  shall  be 
added  to  the  assessment,  as  in  the  case  of  State  and 
county  taxes.  After  judgment  shall  have  been  ren- 
dered, the  same  shall  be  executed  in  the  same  manner, 
as  nearly  as  may  be,  as  is  or  may  be  provided  by  law  for 
executing  judgments  for  State  and  county  taxes;  b\it 
no  judgment  or  sale  of  any  lot,  block  or  parcel  of  land 
so  assessed  for  any  one  installment  of  said  assessment, 
shall  discharge  the  premises  from  any  subsequent  in- 
stallment of  the  assessment,  and  proceedings  for  the 
non-payment  of  subsequent  installments  may  be  had 
in  the  same  manner  as  if  no  default  had  been  made  in 
previous  ones.    All  moneys  collected  by  said  treasurer 


82  STATUTES. 

or  other  general  officer  of  said  county,  and  all  moneys 
realized  from  the  sales  of  saidjands  upon  judgments 
as  aforesaid,  shall  at  ouce  be  paid  over  to  said  corpor- 
ate authorities,  who  shall  execute  a  proper  receipt 
therefor.  The  said  County  Treasurer  or  other  general 
officer  shall  not  be  entitled  to  any  compensation  for 
receiving  and  disbursing  of  moneys  by  him  under  this 
act,  or  for  services  rendered  by  him  as  herein  required, 
except  the  salary  allowed  him  by  law.  Any  and  all 
moneys  collected  and  obtained  upon  or  out  of  said  as- 
sessments, may  be  api^lied  by  the  said  corporate  au- 
thorities to  and  for  any  of  the  uses  and  purposes  named 
or  intended  by  the  act  or  acts  under  which  they  are 
organized.  And  if  the  proceeds  of  said  assessment  shall 
amount  to  a  greater  sum  than  the  cost  of  the  lands, 
expenses  and  cost  of  assessment  and  collection  as  afore- 
said, the  overplus  shall  be  applied  by  said  corporate  au- 
thorities toward  making  the  improvement  which  they 
are  authorized  to  make:  Provided,  that  such  excess 
shall  not  exceed  the  sum  of  twenty-five  thousand  dol- 
lars. If  it  exceeds  that  sum,  then  and  in  that  case  it 
shall  be  refunded  pro  rata  to  the  parties  paying  such 
assessment.  Any  and  all  such  corporate  authorities  as 
aforesaid  may  avail  themselves  of  the  provisions  and 
privileges  of  this  act,  notwithstanding  any  provisions 
in  the  several  acts  creating  them. 

Sec.  4.  Altering  location  or  boundaries — Dam- 
ages. Corporate  authorities  of  towns  having  the  con- 
trol or  supervision  of  any  public  park,  boulevard,  drive- 
way or  highway,  which  has  been  located  in  pursuance 
of  a  vote  of  the  people  of  such  towns,  desiring  to  alter  or 
change  the  location  of  the  same,  or  of  any  part  thereof, 
or  of  any  of  the  boundary  lines  of  the  same,  may,  by  pe- 


COMPLETION  AND  MANAGEMENT.  83 

titioiijin  writing, apply  to  the  Ciiciiit Court  of  the  county 
in  which  such  towns  are  situated,  for  leave  to  make 
such  alteration  or  change.  Notice  of  such  application 
shall  be  given  by  said  corporate  authorities  in  some 
newspaper  published  in  said  county,  at  least  ten  days 
before  the  da}^  named  therein,  when  said  application 
will  be  made,  all  persons  interested  may  appear  before 
said  Circuit  Court,  either  in  person  or  by  attorney,  when 
said  application  shall  be  made,  and  object  to  the  grant- 
ing thereof.  After  hearing  all  persons  interested,  if 
said  court  shall  deem  the  granting  of  said  application 
to  be  for  the  public  interest,  it  shall  make  an  order 
granting  to  said  corporate  authorities  leave  to  make 
such  alteration  or  change,  or  such  part  thereof,  as  it 
ma}'  deem  for  tlie  public  good,  and  granting  power  to 
acquire  by  purchase  or  under  any  law  of  the  State  for 
acquiring  lands  for  public  use,  such  additional  lands 
as  such  change  or  alteration  may,  in  the  judgment  of 
said  court,  render  necessaiy;  and  if  by  reason  of  an}^ 
such  change  or  alteration,  any  parcel  of  laud  shall  no 
longer  be  deemed  necessary  or  useful  for  the  purpose  of 
said  park,  boulevard,  driveway  or  highway,  the  said 
court  may  direct  the  same  to  be  sold  and  conveyed  for 
the  use  of  said  park  upon  such  terms  and  conditions 
as  it  may  think  proper.  Damages  sustained  by  any  per- 
son injuriously  affected  by  reason  of  any  such  change 
or  alteration,  shall  be  ascertained  and  paid  in  the  same 
manner  as  in  other  cases  of  the  exercise  of  the  right 
of  eminent  domain.  The  said  corporate  authorities 
shall  make,  acknowledge  and  file  for  record  in  the  office 
of  the  recorder  of  deeds  for  such  county  a  map  showing 
any  change  or  alteration  made  under  au,y  order  of  court, 
as  aforesaid;    Trovided,  that  no  application  shall  be 


84  STATUTES. 

made  under  or  by  virtue  of  this  section  after  the  first 
day  of  July,  A.  D.  one  thousand  eight  hundred  and  sev- 
enty-two, nor  shall  any  change  be  made  affecting  the 
general  location  of  any  such  park  after  said  date. 

Sec.  5.  Application  of  surplus  funds.— Report. 
When  any  town,  towns  or  corporation  is  subject  to 
taxation  or  special  assessment  for  the  improvement  of 
any  park  or  parks,  approached  or  connected  by  boule- 
vard or  boulevards,  the  money  so  raised  by  taxation  or 
special  assessment  remaining  unexpended  after  de- 
fraying the  expense  for  improving  the  boulevard  or 
boulevards  (the  money  so  raised  by  taxation  or  special 
assessment  remaining  unexpended  after  defraying  the 
expense  for  improving  the  boulevard  or  boulevards)  to 
said  park  or  parks,  shall  be  expended  upon  the  parks 
(if  more  than  one)  in  said  town,  towns  or  corporation, 
pro  rata,  according  to  the  number  of  acres  in  each,  un- 
less already  sufficiently  improved,  and  it  is  hereby 
made  the  duty  of  the  Board  of  Commissioners  of  any 
park  or  parks  to  cause  the  money  to  be  so  expended. 
The  Commissioners  having  in  charge  the  maintenance 
and  improvement  of  any  public  park,  or  parks,  boule- 
vard, driveway,  highway  or  other  public  improvement 
under  or  by  virtue  of  this  act,  shall,  on  the  first  day  of 
December,  A.  D.  one  thousand  eight  hundred  and  sev- 
enty-one, and  annually  thereafter,  submit  to  the  Board 
of  County  Commissioners  or  Board  of  Supervisors  in  the 
county  in  which  the  same  may  be  located,  a  written  or 
printed  report  of  all  their  acts  and  doings  in  relation 
to  the  parks  and  other  improvements  under  their  su- 
IDei'vision  or  control. 

Sec.  6.  All  laws  and  acts  inconsistent  with  this  act 
are  hereby  repealed. 


COMPLETION  AND  MANAGEMENT.  85 

NOTE. 

In  the  case  of  Dunham  vs.  People  ex  rel.,  96  111.,  331, 
it  was  held  that  the  people,  by  voting  for  the  park  act 
in  1809,  made  the  South  Park  Commissioners  corporate 
authorities  for  the  towns  of  South  Chicago,  Hyde  Park 
and  Lake  for  the  purpose  of  assessing  and  collecting 
the  requisite  tax  upon  the  property  within  the  towns, 
and  that,  therefore,  the  South  Park  Commissioners,  un- 
der the  law  of  1871,  were  to  be  recognized  as  the  proper 
corporate  authorities  of  these  three  towns  for  the  pur- 
pose of  levying  a  special  assessment  to  lay  out  the  park 
system  as  a  local  improvement,  and  that  the  South 
Park  Commissioners  were  proper  corporate  authorities 
of  the  three  towns  named,  Avithin  the  meaning  of  the 
constitution  authorizing  corporate  authorities  of  cities, 
towns,  etc.,  to  do  certain  acts,  but  not  naming  "Park 
Commissioners"  in  terms. 

In  the  case  of  the  People,  ex  rel.,  vs.  Brislin,  80  111., 
42.3,  it  was  held  that  the  act  approved  June  16,  1871, 
authorizing  the  Park  Commissioners  to  issue  bonds  in 
renewal  of  bonds  theretofore  issued  by  them,  and  to 
provide  for  the  payment  of  the  same,  and  make,  revise 
and  collect  a  special  assessment  on  contiguous  property 
for  benefits,  by  reason  of  the  location  of  parks,  boule- 
vards, etc.,  and  making  changes  in  the  manner  of  the 
special  assessment  was  valid,  although  not  submitted 
to  a  vote  of  the  people.    The  Court  said: 

"The  park  district,  when  established  in  pursuance  of  the  act  creat- 
ing it,  became  a  muncipality  for  certain  purposes,  and  as  such,  came 
within  the  domain  of  legislation. 

"The  powers  of  the  corporate  authorities  of  this  municipality  are 
subservient  to  the  legislative  power,  precisely  as  in  the  case  of  other 
municipalities,  and  are  no't  interfered  with  by  the  present  State 
constitution."    *    *    * 

"We  think  it  is  a  fair  deduction  from  all  the  constitutional  pro- 


86  STATUTES. 

visions,  and,  from  the  very  nature  of  our  government,  changes  de- 
manded bj'  the  exigency  of  the  times,  in  regard  to  municipal  cor- 
porations, are  within  the  domain  of  ordinary  legislation." 

In  the  case  of  West  Chicago  Park  Commissioners  vs. 
the  City  of  Chicago,  152  111.,  392,  the  Court  modified  its 
former  opinions  and  held  that  the  various  boards  of 
Park  Commissioners  were  municipal  corporations  and 
not  quasi  municipal  corporations,  and  that  as  such  mu- 
nicipal corporations,  they  have  full  and  complete  power 
within  their  jurisdiction  for  park  purposes,  which  pow- 
er is  exclusive.  The  Court  said,  in  discussing  the  ques- 
tion (page  406): 

"It  follows  that  the  power  of  the  park  board  over  all  these  parks, 
boulevards  and  streets,  for  the  purposes  prescribed  by  these  statutes, 
is  plenary,  while  that  of  the  city  is  wholly  excluded.  And  this  ex- 
clusion, so  far  as  it  relates  to  any  power  on  the  part  of  the  city 
to  govern,  manage,  control  or  interfere  with  these  parks,  boulevards 
and  streets  as  such,  is  as  complete  as  it  would  have  been  if  the  parks, 
boulevards  and  streets  had  been  wholly  withdrawn  from  the  terri- 
torial limits  of  the  city.  Indeed,  the  legal  effect  of  the  various  park 
acts  would  seem  to  be  to  take  them  out  of  the  territorial  jurisdiction 
of  the  city,  so  that,  so  far  as  the  power  of  the  city  in  relation  to 
them  is  concerned,  the  corporate  organization  of  the  city  is  prac- 
tically dissolved."      *    *    * 

"We  do  not  intend  to  intimate  that,  in  the  exercise  of  other 
municipal  powers  and  functions,  the  city  is  excluded  from  jurisdic- 
tion over  the  park  property,  but  only  that,  so  far  as  relates  to  the 
laying  out,  improvement,  management  and  control  of  the  parks,  the 
jurisdiction  of  the  park  board  is  excliisive.  For  all  the  purposes, 
then,  of  laying  out,  improving  and  maintaining  parks,  boulevards, 
streets  and  like  public  grounds,  the  city  and  the  Park  Commission- 
ers occupy  the  legal  position  of  two  independent  and  co-equal  muni- 
cipalities, each  vested  with  exclusive  jurisdiction  over  the  public 
grounds  committed  to  its  care,  as  trustee  for  the  public.  Neither 
can  encroach  upon  the  territorial  jurisdiction  of  the  other,  but  they 
stand,  so  far  as  these  public  grounds  are  concerned,  in  substantially 
the  same  legal  relation  to  each  other  as  though  their  territorial 
limits  embraced  adjoining  but  wholly  separate  areas.  So  far,  then, 
as  relates  to  all  questions  of  street  improvements,  the  West  Chicago 
parks  and  boulevards  are  no  more  to  be  considered  as  a  part  of  the 
City  of  Chicago  than  they  would  be  if  they  were  situated  within  the 
adjoining  city  of  Evanston." 


DRIVES   TO   PARKS.  87 

DRIVES  TO  PUBLIC  PARKS. 

AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  AND  CORPORATE 
AUTHORITIES  TO  TAKE,  REGULATE,  CONTROL,  AND  IM- 
PROVE PUBLIC  STREETS  LEADING  TO  PUBLIC  PARKS,  TO 
PAY  FOR  THE  IMPROVEMENT  THEREOF,  AND  IN  THAT 
BEHALF  TO  MAKE  AND  COLLECT  A  SPECIAL  ASSESSMENT 
OR  SPECIAL  TAX  ON  CONTIGUOUS  PROPERTY.  [AP- 
PROVED AND  IN  FORCE  APRIL  9,  1879.] 

Section  1.  Power  to  take  streets — Consents. 
That  eveiy  Board  of  Park  Commissioners  sliall  have 
power  to  connect  any  public  park,  boulevard  or  drive- 
way under  its  control  with  any  paii;  of  any  incorporated 
city,  town  or  village,  by  selecting  and  taking  any  con- 
necting street  or  streets,  or  parts  thereof,  leading  to 
such  park:  Provided,  that  the  street  so  selected  and 
taken,  so  far  as  taken,  shall  be  Avithin  the  district  or 
teiTitory  the  property  of  which  shall  be  taxable  for  the 
maintenance  of  such  park.  And,  provided  further, 
that  the  consent  of  the  corporate  authorities  having 
control  of  anj'  such  street  or  streets  so  far  as  taken,  and 
also  the  consent  in  writing  of  the  owners  of  a  majority 
of  the  frontage  of  the  lots  and  lands  abutting  on  such 
street  or  streets  so  far  as  taken,  shall  be  first  obtained. 
And,  provided  further,  that  such  connection  or  improve- 
ment shall  embrace  only  such  street  or  streets  as  are 
necessaiy  to  form  one  continuous  improvement. 

Sec.  2.  Assessment  for  improvement.  That  such 
Board  of  Park  Commissioners  or  such  corporate  au- 
thorities as  are  by  law  authorized  to  levy  taxes  or  as- 
sessments for  the  maintenance  of  such  parks,  shall  have 
power  to  improve  such  street  or  streets  as  they  may 
deem  best,  and  for  that  purj)ose  they  are  hereby  author- 


88  STATUTES. 

ized  to  pay  for  the  improvement  thereof,  and  from  time 
to  time  to  levy  or  cause  to  be  levied  and  collected  a 
special  tax  or  assessment  on  contiguous  property  abut- 
ting upon  such  streets  so  improved,  for  a  sum  of  money 
not  exceeding  the  estimated  cost  of  such  first  improve- 
ment or  improvements  as  shall  be  ordered  and  esti- 
mated by  such  Board  of  Park  Commissioners,  but  not 
for  any  subsequent  repairs  thereof,  and  to  that  end 
such  board  or  corporate  authorities  shall  have  all  the 
power  and  authority  now  or  hereafter  granted  to  them 
respectively  relative  to  the  lev\^,  assessment  and  collec- 
tion of  taxes  or  assessments  for  corporate  purposes. 
And  such  special  taxes  or  assessments  as  are  hereby 
authorized  may  be  divided  into  not  exceeding  four  an- 
nual installments,  bearing  interest  at  the  rate  of  6  per 
cent,  per  annum  from  the  date  of  confirmation  until 
paid.  And  the  said  assessments  or  installments  there- 
of shall  be  collected  and  enforced  in  the  same  manner 
as  is  provided  by  law  for  the  collection  and  enforcement 
of  other  taxes  or  assessments,  for  or  on  account  of  such 
corporate  bodies  or  boards,  so  far  as  the  same  are  ap- 
plicable. 

Sec.  3.  Power  of  commissioners.  Such  Park 
Boards  shall  have  the  same  power  and  control  over  the 
parts  of  streets  taken  under  this  act  as  are  or  may  be 
by  the  law  vested  in  them  of  and  concerning  the  parks, 
boulevards  or  driveways  under  their  control. 

Sec.  4.  Reversion  to  corporate  authorities— 
When.  In  case  any  such  streets  or  parts  thereof  shall 
pass  from  the  control  of  any  such  Park  Board,  the 
power  and  authority  over  the  same,  granted  or  author- 
ized by  this  act,  shall  revert  to  the  proper  corporate 


DRIVES   TO  PARKS.  89 

authorities  of  such  city,  town  or  village  respectively  as 
aforesaid. 

Sec.  5.  Municipalities  may  confer  control.  Any 
city,  town  or  village  in  this  State  shall  have  full  power 
and  authority  to  invest  any  of  such  Park  Boards  with 
the  right  to  control,  improve  and  maintain  any  of  the 
streets  of  such  city,  town  or  village  for  the  purpose  of 
canning  out  the  provisions  of  this  act. 

Sec.  6.  Emergency.  Whereas,  there  is  a  necessity 
for  the  immediate  construction  of  the  improvement 
contemplated  in  this  act,  therefore  an  emergency  ex- 
ists, and  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

(For  Supreme  Court  decisions  see  post,  page  05.) 

AN  ACT  TO  AMEND  SECTION  TWO  (2)  OF  AN  ACT  ENTITLED, 
"AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  OR  CORPO- 
RATE AUTHORITIES  TO  TAKE,  REGULATE,  CONTROL  AND 
IMPROVE  PUBLIC  STREETS  LEADING  TO  PUBLIC  PARKS, 
TO  PAY  FOR  THE  IMPROVEMENT  THEREOF,  AND  IN  THAT 
BEHALF  TO  MAKE  AND  COLLECT  SPECIAL  ASSESSMENT 
OR  SPECIAL  TAX  ON  CONTIGUOUS  PROPERTY,"  APPROVED 
AND  IN  FORCE  APRIL  9,  1879,  AS  APPROVED  [AMENDED] 
JUNE  27,  1885.  [APPROVED  JUNE  16,  1887.  IN  FORCE  JULY 
1,  1887.] 

Section  1.  Assessment.  That  section  two  (2)  of  an 
act  entitled  "An  Act  to  enable  Park  Commissioners  or 
corporate  authorities  to  take,  regulate,  control  and  im- 
prove public  streets  leading  to  public  parks,  to  pay  for 
the  improvement  thereof,  and  in  that  behalf  to  make 
and  collect  a  special  assessment  or  special  tax  on  con- 
tiguous property,"  approved  and  in  force  April  9,  1879, 
as  approved  [amended]  June  27,  1885,  be  and  the  same 
is  hereby  amended  so  as  to  read  as  follows: 


90  STATUTES. 

Sec.  2.  That  such  Park  Commissioners  or  such  cor- 
porate authorities  as  are  by  la,w  authorized  to  levy 
taxes  or  assessments  for  the  maintenance  of  such  parks 
shall  have  power  to  imiDrove,  maintain  and  repair  such 
street  or  streets  in  such  manner  as  they  may  deem  best, 
and  for  that  purpose  they  are  hereby  authorized  to  pay 
for  the  improvement  thereof,  and  from  time  to  time  to 
leYj  or  cause  to  be  levied  and  collected  a  special  tax  or 
assessment  on  contiguous  property  abutting  upon  such 
street  so  improved  for  a  sum  of  money  not  ex- 
ceeding the  estimated  cost  of  such  first  improvement  or 
improvements  as  shall  be  ordered  and  estimated  by 
such  Board  of  Park  Commissioners,  but  not  for  any  sub- 
sequent care,  maintenance  or  repair  thereof;  and  to 
that  end  such  board  or  corporate  authorities  shall  have 
power  and  authority  now  or  hereafter  granted  to  them 
respective!}^,  relative  to  the  levy,  assessment  and  collec- 
tion of  taxes  or  assessments  for  corporate  purposes. 
And  such  special  tax  or  assessments  as  are  hereb}^  au- 
thorized may  be  divided  into  not  exceeding  four  annual 
installments,  bearing  interest  at  the  rate  of  six  per 
cent,  per  annum  from  the  date  of  confirmation  until 
paid;  and  the  assessment  or  installments  thereof  shall 
be  collected  and  enforced  in  the  same  manner  as  is  pro- 
vided by  law  for  the  collection  and  enforcement  of  other 
taxes  or  assessments  for,  or  on  account  of,  such  corpor- 
ate bodies  or  boards  as  aforesaid,  so  far  as  the  same  are 
applicable. 


DRIVES   TO   PARKS.  91 

AN  ACT  TO  AMEND  SECTION  ONE  (1)  OF  AN  ACT  ENTITLED 
"AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  OR  CORPO- 
RATE AUTHORITIES  TO  TAKE,  REGULATE,  CONTROL  AND 
IMPROVE  PUBLIC  STREETS  LEADING  TO  PUBLIC  PARKS, 
TO  PAY  FOR  THE  IMPROVEMENT  THEREOF,  AND  IN  THAT 
BEHALF  TO  MAKE  AND  COLLECT  A  SPECIAL  ASSESSMENT 
OR  SPECIAL  TAX  ON  CONTIGUOUS  PROPERTY,"  APPROVED 
AND  IN  FORCE  APRIL  9,  1879,  AS  AMENDED  BY  AN  ACT 
APPROVED  JUNE  27,  1885,  AND  IN  FORCE  JULY  1,  1885. 
[APPROVED  JUNE  17,  1895.     IN  FORCE  JULY  1,  1895.] 

Section  1.  Power  to  take  streets— Consents. 
That  section  one  (1)  of  an  act  entitled  "An  Act  to  enable 
Park  Commissioners  or  corporate  authorities  to  take, 
regulate,  control  and  improve  public  streets  leading  to 
public  parks,  to  pay  for  the  improvement  thereof,  and 
in  that  behalf  to  make  and  collect  a  special  assessment 
or  special  tax  on  contiguous  property,"  approved  and  in 
force  April  9,  1879,  as  amended  by  an  act  approved 
June  27, 18S5,  and  in  force  July  1, 1885,  be  and  the  same 
is  hereby  amended  so  as  to  read  as  follows: 

Sec.  1.  That  every  board  of  Park  Commissioners 
shall  have  power  to  connect  any  public  park,  boule- 
vard or  driveway  under  its  control  with  any  part  of  unj 
incorporated  city,  town  or  village,  by  selecting  and 
taking  any  connecting  street  or  streets  or  part  thereof 
leading  to  such  park;  and  shall  also  have  power  to  ac- 
cept and  add  to  any  such  park  any  street  or  part  thereof 
which  adjoins  and  runs  parallel  with  any  boundary  line 
of  the  same.  Provided,  that  the  streets  so  selected  and 
taken  so  far  as  taken  shall  lie  within  the  district  or 
territory,  the  property  of  which  shall  be  taxable  for  the 
maintenance  of  such  parks.  And,  provided  further, 
that  the  consent  of  the  corporate  authorities  having 
control  of  any  such  street  or  streets  so  far  as  selected 
and  taken,  and  also  the  consent  in  writing  of  the  own- 


92  STATUTES. 

ers  of  a  majority  of  the  frontage  of  tlie  lots  and  lands 
abutting  on  such  street  or  streets  so  far  as  taken  shall 
be  first  obtained.     And,  provided  further,  that  every 
Board  of  Park  Commissioners  who  shall  have  exercised 
the  power   hereinabove   granted    to    select  and   take 
streets,  or  parts  of  streets,  for  the  purpose  of  connect- 
ing any  public  park,  boulevard  or  driveway  under  its 
control  with  any  part  of  any  incorporated  city,  town  or 
village,  shall  have  the  power  to  abandon  and  surrender 
over  any  street,  or  part  of  any  street,  forming  the  whole 
or  any  part  of  such  connection  so  made,  to  the  proper 
corporate  authorities  of  the  city,  village,  or  toAvn  re- 
spectively to  which  the  control  of  any  such  street  or 
part  of  a  street  so  abandoned  would  revert,  and  for  the 
purpose  of  connecting  the  same  points  or  of  making 
any  portion  of  such  connection,  to  select  and  take  in 
place  of  any  streets,  street  or  part  of  a  street  so  surren- 
dered, any  other  and  different  streets,  street  or  part  of  a 
street,  which  may  be  desirable  and  expedient  for  mak- 
ing the  said  connection;  but  such  power  shall  only  be 
exercised  upon  the  consent  first  obtained  of  the  proper 
corporate  authorities  to  whom  the  control  of  the  streets, 
street  or  parts  of  a  street,  so  far  as  abandoned  would 
revert,  and  of  the  proper  corporate  authorities  having 
control  of  the  streets,  street  or  part  of  a  street,  so  far 
as  proposed  to  be  taken,  and  upon  the  consent  in  writ- 
ing first  obtained  of  the  owners  of  a  majority  of  the 
frontage  of  the  lots  and  lands  abutting  on  the  streets, 
street  or  part  of  a  street,  so  far  as  abandoned,  and  upon 
the  consent  in  writing  first  obtained  of  the  owners  of  a 
majority  of  the  frontage  of  the  lots  and  lands  abutting  , 
on  the  streets,  street  or  part  of  a  street,  so  far  as  pro- 
posed to  be  taken. 


DRIVES   TO   PARKS.  93 

AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  OR  PARK 
AUTHORITIES  TO  TAKE,  REGULATE,  CONTROL  AND  IM- 
PROVE PUBLIC  STREETS,  AND  TO  PAY  FOR  THE  IMPROVE- 
MENT THEREOF.  [APPROVED  JUNE  21,  1895.  IN  FORCE 
JULY  1,  1895.] 

Section  1.  Streets  taken  by  Park  Commissioners, 
etc.  That  every  Board  of  Park  Commissioners  or  park 
authorities  shall  have  power  to  connect  any  public 
park,  boulevard  or  driveway  under  its  control  with  any 
part  of  any  incorporated  city,  town  or  village  (?)  by  se- 
leetin.c:  and  taking  any  connecting  street  or  streets,  or 
parts  thereof,  leading  to  such  park,  boulevard  or  drive- 
way, and  shall  also  have  power  to  accept  and  add  to  any 
parks  or  park  under  their  control  any  street  or  parts 
thereof  which  adjoins  or  runs  parallel  with  any  boun- 
dary line  of  the  same.  I'rovided,  that  the  streets  so  se- 
lected and  taken,  so  far  as  taken,  shall  lie  Avithin  the 
district  or  territory,  the  property  of  which  shall  be  tax- 
able for  the  maintenance  of  such  parks,  boulevard  or 
driveway.  And,  provided  further^  that  the  consent  of 
the  corporate  authorities  having  control  of  any  such 
street  or  streets  so  far  as  selected  and  taken,  and  also 
the  consent  in  w^riting  of  the  owners  of  a  majority  of 
the  frontage  of  the  lots  and  lands  abutting  on  such 
streets,  so  far  as  taken,  shall  be  first  obtained. 

Sec.  2.  Special  taxes— special  assessments.  That 
such  Board  of  Park  Commissioners  or  park  authorities 
shall  have  power  to  improve  such  street  or  streets,  or 
parts  thereof,  in  such  manner  as  they  may  deem  best 
and  as  they  have  or  may  hereafter  have  power  to  im- 
prove other  streets  under  their  control,  and  for  that 
purpose  they  are  hereby  authorized  to  pay  for  the  im- 
provement thereof  by  levying,  assessing  and  collecting 


94  STATUTES. 

a  special  tax  on  contiguous  property  abutting  on  said 
street  or  streets,  or  parts  thereof,  so  improved,  or  a  spe- 
cial assessment  on  property  benefited,  in  the  manner  in 
which  said  Board  of  Park  Commissioners  or  park  au- 
thorities are  now  or  may  be  hereafter  empowered  by 
law  to  levy,  assess  and  collect  special  taxes  on  contigu- 
ous j)roperty  or  special  assessments  for  benefits  in  other 
cases,  or  to  pay  therefor  by  general  taxation,  or  both; 
but  no  such  special  tax  or  special  assessment  shall  be 
levied  for  the  maintenance  and  repair  of  such  improved 
street;  but  the  same  shall  be  maintained  and  repaired 
by  said  park  boards  or  park  authorities,  as  in  other 
cases.  And  such  special  taxes  or  special  assessments 
as  are  herebj^  authorized  may  be  divided  into  not  ex- 
ceeding four  annual  installments,  bearing  six  per  cent, 
per  annum  interest  from  the  date  of  confirmation  there- 
of by  the  court  until  paid,  and  the  same  shall  be  col- 
lected and  enforced  in  the  same  manner  as  is  or  may 
hereafter  be  provided  by  law  for  the  collection  and  en- 
forcement of  other  special  taxes  or  special  assessments, 
for  or  on  account  of  said  Park  Commissioners  or  park 
authorities,  so  far  as  the  same  is  applicable. 

Sec.  3.  Control  by  Park  Commissioners.  Such 
park  boards  or  park  authorities  shall  have  the  same 
power  and  control  over  the  streets  or  part  of  streets  so 
selected  and  taken,  under  this  act  as  are  now  or  may  be 
hereafter  vested  in  them,  over  and  concerning  parks, 
boulevards  or  driveways  or  other  streets. 

Sec.  4.  Reversion.  In  case  any  such  streets  or 
parks  thereof  shall  pass  from  the  control  of  any  such 
Park  Commissioners  or  park  authorities,  the  power  and 
authority  over  the  same,  granted  or  authorized  by  this 


DRIVES   TO  PARKS.  95 

act,  shall  revert  to  the  proper  corporate  authorities  of 
such  city,  town  or  village  respectively,  as  aforesaid. 

Sec.  5.  Municipality  may  vest  control  in  Park 
Commissioners.  Any  incorporated  city,  town  or  vil- 
lage in  this  State  shall  have  full  power  and  authority 
to  invest  any  of  such  Park  Commissioners  or  park  au- 
thorities with  the  right  to  control,  improve  and  main- 
tain any  of  the  streets  of  such  city,  town  oi'  village,  for 
the  purpose  of  carrying  out  the  provisions  of  this  act. 

Sec.  G.  Streets  already  taken  included.  The  pro- 
visions of  this  act,  so  far  as  the  same  applies  to  improv- 
ing, maintaining  and  repairing  any  street  or  streets, 
or  parts  thereof,  and  of  the  levy,  assessment  and  collec- 
tion of  special  taxes  and  special  assessments,  shall  ap- 
ply to  any  street  or  streets,  or  parts  thereof,  that  have 
been  heretofore  selected  and  taken  under  the  control  of 
any  Park  Commissioners  or  park  authorities,  and  to  any 
such  street  or  streets,  or  parts  thereof,  which,  or  por- 
tions of  which,  have  not  yet  been  improved  by  such 
Park  Commissioners  or  park  authorities. 

NOTE. 

In  the  case  of  Kreigh  vs.  City  of  Chicago,  86  111.,  407, it 
was  held  that,  under  the  law  as  it  stood  previous  to  the 
act  of  1879,  the  City  Council  of  Chicago  had  no  author- 
ity to  turn  over  a  street  to  be  improved,  controlled  and 
managed  by  the  Park  Commissioners,  and  that  such  an 
ordinance  passed,  though  it  might  be  a  license  protect- 
ing the  Commissioners  from  prosecution  for  interfering 
with  said  street,  it  would  not  divest  the  city  of  its  pow- 
ers of  the  street. 

In  the  case  of  the  People  ex  rel.  vs.  .Tolni  M.  W;ilsli,  00 


96  STATUTES. 

111.,  232,  there  was  involved  the  legality  of  the  proceed- 
ings by  which  Michigan  Aveni\e,  from  Jackson  Street 
to  Thirty-fifth  Street,  and  Thirty-fifth  Street  from  Mich- 
igan Avenue  to  Grand  Boulevard,  were  turned  over  by 
the  City  of  Chicago  and  selected  and  taken  by  the  South 
Park  Commissioners  as  and  for  a  boulevard.  The  pro- 
ceeding was  by  quo  warranto.  The  action  of  turning 
over  the  two  streets  to  the  South  Park  Commissioners 
was  under  the  act  of  the  Legislature  of  1879.  No  ques- 
tion was  raised  in  the  proceeding  as  to  the  sufficiency 
of  the  consents  by  the  owners  of  the  abutting  property. 
The  question  raised  was  whether  it  was  competent  for 
the  General  Assembly  to  transfer  the  control  of  the 
streets  of  a  city  to  Park  Commissioners,  to  be  by  them 
controlled  for  boulevard  and  driveway  puriDoses.  The 
City  Council  of  Chicago  had  passed  an  ordinance  on 
June  23,  1879,  authorizing  the  South  Park  Commis- 
sioners  to  take,  regulate,  control  and  improve  the  be- 
fore described  parts  of  Michigan  Avenue  and  Thirty- 
fifth  Street,  respectively,  in  manner  and  form  provided 
in  said  act  of  1879.  And  the  South  Park  Commission- 
ers^ by  resolution  passed  on  July  15,  1879,  did  thereby 
select  and  take  said  parts  of  said  streets.  The  resolution 
and  the  ordinance  of  the  City  Council  is  set  out  in  full 
in  the  report  of  the  case  in  the  Supreme  Court. 

The  case  went  to  the  Supreme  Court  upon  the  de- 
murrer to  the  plea  filed  by  the  South  Park  Commis- 
sioners as  individuals,  the  demurrer  being  overruled, 
and  the  relator  electing  to  stand  by  the  demurrer. 

In  the  plea  of  the  defendants  it  was  distinctly  averred 
and  set  up  that  they  "have  claimed,  and  do  yet  claim  to 
"have,  use  and  enjoy  control,  authority  and  jurisdiction 
"over  said  parts  of  Michigan  Avenue  and  Thirty-fifth 


DRIVES   TO   PARKS.  97 

"Street,  as  they  well  might  and  still  may,  for  the  pub- 
"lic  purposes  and  uses  for  which  said  parts  of  said 
"streets  were  dedicated  and  conveyed,  and  under  the  au- 
"thority  conferred  and  the  duties  imposed  upon  them 
"by  law." 

The  Court  said: 

"Manifestly,  so  long  as  the  streets  are  to  be  kept  and  used  for 
the  usual  and  ordinary  uses  and  purposes  of  streets,  there  could  be 
found  no  constitutional  objection  to  legislation  of  this  character. 
But  the  claim  here  is,  tnat  there  will  be  a  use  of  the  streets  for 
boulevard  and  driveway  purposes,  which  will  be  in  violation  ot 
rights  guaranteed  by  the  constitution,  because  it  will  exclude  the 
usual  and  ordinary  uses  to  which  streets  are  applied.  No  such  use 
is  specifically  charged  in  the  information  or  admitted  in  the  plea, 
and  such  a  use  is  not  an  indispensable  condition  to  the  jurisdiction 
of  the  Park  Commissioners  over  these  streets.  Will  it  not  be  quite 
time  enough  to  complain  of  acts  in  excess  of  lawful  authority  when 
the  right  to  practice  them  is  avowed?"    *    *    * 

"We  are  unable  to  see  that  the  use  of  the  streets  in  question  for 
the  usual  purposes  of  streets,  must  necessarily  be  inconsistent  with 
their  improvement  and  use  for  boulevard  and  driveway  purposes. 
We  can  not  say,  as  matter  of  law,  that  authority  to  take  and  use 
streets  for  these  purposes  implies,  necessarily,  authority  to  ex- 
clude the  usual  and  ordinary  uses  of  streets.'' 

But  the  Court  went  still  further,  and  held  that  even 
if  the  turning  over  of  such  streets  to  the  South  Park 
Commissioners  should  change  the  use  of  the  streets, 
still  that  it  was  within  the  authority  of  the  Legislature 
to  confer  such  right.  Though,  if  a  change  of  use  thus 
made  damaged  a  private  individual  owning  property 
upon  the  street,  he  would  be  entitled,  under  the  present 
constitution,  to  sue  for  and  recover  his  damages. 

The  Court  stated  that  it  would  not  assume  that  the 
Park  Commissioners  would  undertake  to  divest  private 
rights  and  appropriate  them  to  public  use  without  mak- 
ing compensation  or  proceeding  to  condemn  under  the 
eminent  domain  act. 


98  STATUTES. 

"Upon  the  whole,  we  think  the  judgment  below  to  be  right.  The 
mere  fact  that  the  Park  Commissioners  may  claim  the  right  to  do 
some  act  prejudicial  to  the  interest  of  individuals,  furnishes  no 
reason  why  they  may  not,  as  affects  the  public,  do  those  acts  which 
are  clearly  sanctioned  by  law. 

"As  respects  any  excess  of  authority,  the  action  of  the  Commis- 
sioners may  be  controlled  by  injunction;  and  they  may  be  held  in- 
dividually responsible  in  actions  by  those  who  are  pecuniarily 
injured;  and  in  proper  cases,  they  may  be  liable  to  criminal  prose- 
cutions." 

In  the  above  case,  People  ex  rel.  vs.  Walsh,  96  111., 
232,  there  was  a  reservation  in  the  ordinance  passed  by 
the  City  Council  of  the  City  of  Chicago,  as  follows : 

"PROVIDED,  ihowever,  that  nothing  in  this  ordinance  contained 
shall  be  construed  as  a  waiver  or  relinquishment  by  or  on  the  part 
of  said  city,  of  any  of  its  rights  or  powers  in  relation  to  the  laying 
of  water  or  gas  mains  and  pipes,  and  the  building  aaid  repairing 
of  sewers,  in  said  streets,  and  the  regulating  of  openings  for  the 
same;  all  powers  which  said  city  now  has  in  relation  to  water 
and  gas  pipes  and  sewers,  and  their  connections  and  the  regulation 
of  the  same,  and  the  openings  for  the  same,  in  streets  and  alleys  of 
said  city,  being  hereby  expressly  reserved  as  to  the  said  part  of 
Michigan  Avenue  and  Thirty-fifth  Street  in  as  ample  a  manner  as 
if  the  aforesaid  consent  was  not  given." 

It  was  claimed  in  opposition  to  the  legalit}^  of  the  or- 
dinance that  under  the  act  of  1879,  if  control  was  turned 
over  to  the  South  Park  Commissioners  that  it  was  an 
absolute  control  in  order  to  the  complete  execution  of 
the  powers  of  the  Commissioners,  and  that  such  control 
was  inconsistent  with  a  partial  control  retained  by  the 
city. 

Counsel  for  the  People  said : 

"The  question  here  is,  has  the  council  assented.  It  had  the 
grant  of  powers  so  to  do,  but  might  or  not,  as  it  should  choose;  it 
was  under  no  moral  or  legal  obligation.  The  whole  ordinance  read 
together  shows  that  it  did  not  assent  in  the  manner  contemplated 
or  authorized." 

In  answer  to  this  argument,  the  Supreme  Court  said: 

"It  is  not  attempted  to  be  shown  why  an  absolute  control  is 
necessary  in  order  to  the  execution  of  the  powers  of  the  Commis- 


DRIVES   TO   PARKS.  99 

sioners.  It  is  asserted  that  this  necessity  is  inconsistent  with  a 
partial  control  by  the  city,  and  if  the  necessity  be  conceded,  the 
conclusion  would  clearly  be  correct.  But  why  may  not  the  main 
objects  and  purposes  of  the  grant  to  the  Park  Commissioners  be 
entirely  consistent  with  the  exercise  of  the  reserved  powers  in  the 
city?"     *     ♦     * 

"The  act  of  April  9,  1879,  does  not  make  it  obligatory  upon  the 
city  to  confer  control  over  the  streets  upon  the  Park  Commissioners. 
It  only  enables  them  to  do  so  or  not  as  they  shall  choose.  The 
corporate  authorities  having  control  of  any  such  streets,  must  first 
give  their  consent.  They  are  at  liberty  to  entirely  withhold  it,  or 
grant  it  only  subject  to  conditions.  If  the  Park  Commissioners  ac- 
cept it  with  conditions,  the  performance  of  the  conditions  then  be- 
comes obligatory. 

"There  is  no  more  apparent  repugnancy  between  the  grant  and 
the  reservation  here  than  there  is  between  a  lease  of  lands  for  farm- 
ing purposes  and  the  reservation  of  the  right  to  take  timber  or 
gravel,  etc.,  from  the  land,  or  to  travel  across  it,  or  use  water  from 
springs  there  on,  or  to  excavate  and  mine  for  coal  or  other  minerals 
beneath  its  surface. 

"The  grant  is  merely  charged  with  the  burden  of  the  reservation. 
The  rights  of  each  may  be  enjoyed  without  necessary  conflict." 

In  the  case  of  Thorn  vs.  West  Chicago  Park  Commis- 
sioners, 130  111.,  594,  the  West  Chicago  Park  Commis- 
sioners had  selected  and  taken,  under  the  act  of  1.S71), 
as  amended  by  the  acts  of  1885  and  1887,  fjortions  of 
Twelfth  Street  and  Ogden  Avenne  for  the  jinrpose  of 
constructing  a  continnons  boulevard  leading  into  Doug- 
las Park.  No  question  was  raised  but  that  the  proper 
consent  had  been  granted  by  the  corporate  authorities 
of  the  City  of  Chicago.  The  Park  Commissioners  levied 
a  special  assessment  for  the  improvement  of  the  streets 
in  question  as  a  boulevard.  Upon  application  for  con- 
firmation of  such  special  assessnn'ut,  objection  was 
made  that  the  Park  Commissioners  had  not  acquired 
jurisdiction  over  the  streets.  And  the  Court  said  (page 
604): 

"The  controversy  here  relates  to  the  third  condition — the  consent 
of  the  owners  of  a  majority  of  the  abutting  frontage.  Such  consent 
of  the  owners  of  more  than  one-half  of  the  frontage  upon  the  por- 


100  STATUTES. 

tions  of  the  streets  proposed  to  be  converted  into  a  boulevard  con- 
necting the  park  with  the  city,  lay  at  the  foundation  of  the  right 
of  the  Park  Commissioners  to  assume  control  of  the  streets.  The  ex- 
istence of  the  fact  was  necessary  to  the  jurisdiction  of  the  Park  Com- 
missioners, and  the  burthen  was  upon  them  to  establish,  prima  facie 
at  least,  the  jurisdictional  facts  authorizing  them  to  take  these 
streets  for  the  purpose  of  constiiicting  a  boulevard  appurtenant  to 
the  park,  and  connecting  the  same  with  the  city." 

On  the  hearing,  in  order  to  show  such  consent  of  the 
owners,  the  Commissioners  produced  a  paper  i^urport- 
ing  to  be  a.  petition  to  the  board  by,  and  the  consent  of, 
abutting  property  owners.  It  was  sliown  that  such  pa- 
per came  from  the  files  kept  b}'  the  Board  of  Commis- 
sioners and  was  the  written  consent  acted  upon  by  the 
board  in  taking  the  streets  for  tlie  purpose  contem- 
j)lated.  The  trial  court  held  that  the  production  and 
putting  in  evidence  of  the  petition  or  consent  paper 
made  a  prima  facie  case  for  the  Commissioners,  and 
put  the  burthen  upon  the  objectors  to  sliow  that  it  was 
not  the  written  consent  of  the  propertj-  owners,  as  it 
purported  to  be.    The  Court  said: 

"We  can  not  concur  in  the  holding  of  the  trial  court.  As  we  have 
seen,  the  burthen  was  upon  the  Park  Commissioners  to  show,  aifirni- 
atively,  the  jurisdictional  fact  of  consent  by  the  owners  of  the  re- 
quired amount  of  frontage.  The  evidence  in  respect  thereof  was, 
we  think,  wholly  insufllcient.  "Waiving  the  matter  of  proving  owner- 
ship by  the  persons  purporting  to  sign  the  paper  admitted  in  evi- 
dence, it  is  not  shown  that  a  sufficient  number  of  such  persons 
signed  the  consent  to  constitute  consent  by  the  owners  of  a  majority 
of  the  abutting  property.  The  only  person  introduced  who'  testified 
generally  to  the  execution  of  the  writing  testifies  that  ihe  procured 
the  signatures  of  most  of  the  signers,  but  not  all,  and  he  does  not 
testify,  except  in  a  few  instances,  either  as  to  those  he  did  or  did  not 
procure.  There  are  many  signatures  to  the  writing  purporting  to 
be  the  consent  of  owners  of  abutting  property,  either  of  whom  pur- 
port to  sign  for  a  sufficient  number  of  feet  frontage  to  reduce  the 
amount  to  less  than  the  required  number  of  feet.  We  cannot  tell 
from  the  evidence  contained  in  this  record  w^hether  these  persons 
executed  this  instrument  or  not.     The  writing  here  offered  is  not 


DRIVES   TO    PARKS.  101 

signed  by  the  objectors,  and  we  are  aware  of  no  rule  by  which  it  was 
admissible  in  evidence  against  them,  without  proof  of  its  execution. 
"But  if  it  could  be  conceded  that  the  evidence  was  sufficient  to 
show  the  signing  of  the  parties  purporting  to  execute  the  writing, 
the  names  of  persons  purporting  to  sign  as  owners,  representing 
over  1300  feet  of  this  frontage,  were  apparently  placed  there  by  some 
other  person.  There  was  no  competent  evidence  tending  to  show 
authority  of  the  persons  executing,  or  purporting  to  execute,  the 
consent  for  or  on  behalf  of  such  owners.  The  execution  or  signing 
of  the  name  of  the  owner  by  one  without  authority  would  not  be 
binding  upon  the  owner,  and  would  not  constitute  consent,  within 
the  meaning  of  the  statute.  The  burthen  was  upon  the  Commission- 
ers to  show  consent  of  the  required  number  of  owners,  and  to  do 
this,  in  this  case,  it  was  necessary  to  show  that  authority  to  execute 
the  consent  was  given  by  the  owner  on  whose  behalf  it  purported 
to  be  executed.    Henderson  vs.  Mayor  of  Baltimore,  8  Md.,  352. 

"Nor  is  the  consent  at  all  aided  by  the  fact  that  the  Park  Com- 
missioners acted  upon  the  paper  introduced  in  evidence,  or  by  the 
consent  of  the  City  of  Chicago  that  the  parts  of  the  streets  named 
might  be  taken  by  the  Commissioners  for  a  boulevard.  The  action 
of  the  city  is  wholly  independent  of  that  of  the  property  owners. 
And  while  the  Park  Commissioners  must,  in  the  first  instance,  pass 
upon  the  fact  of  consent  by  the  owners  of  abutting  property,  and 
determine  for  themselves  whether  those  owning  a  majority  of  such 
property  have  consented  to  their  appropriation  of  the  street  for  the 
purposes  contemplated  by  the  act,  such  determination  can  have  no 
effect  when  tlheir  jurisdiction  is  challenged  in  endeavoring  to  carry 
out  the  powers  conferred  by  the  statute.  The  power  conferred  upon 
the  park  board  affects  and  impairs  the  right  of  the  citizen,  and  may 
(and  in  the  case  of  the  minority  of  holders  of  abutting  property  does) 
incumber  his  property  without  his  consent,  and  may  arbitrarily  im- 
pose onerous  burdens  for  which  there  is  no  relief  or  redress.  The 
legislature  has  interposed  the  safeguard  of  requiring  the  consent  of 
the  owners  of  more  than  one-half  of  the  property  to  be  affected,  upon 
the  presumption,  no  doubt,  that  what  will  be  of  benefit  to  the  grea  er 
portion  will  not  unduly  prejudice  the  lesser  part;  and  when  the 
Commissioners  sought  confirmation  of  their  assessment  upon  ap- 
pellants' property,  under  the  power  conferred  by  the  statute,  it  was 
incumbent  upon  them  to  show  compliance  with  the  law,  by  which 
alone  they  obtained  jurisdiction  to  impose  the  burden.  This  they 
have  not  done.  Rex  vs.  Mayor  of  Liverpool,  4  Burr.,  244;  Smith  vs. 
City  of  Madison,  7  Ind.,  8G;  Clark  vs.  Washington,  12  Wheat.,  40, 
and  supra.'' 


102  STATUTES. 

TRANSFER  OF  PARKS  TO  COMMISSIONERS. 

AN  ACT  ENTITLED  "AN  ACT  TO  ENABLE  PARK  COMMISSION- 
ERS HAVING  CONTROL  OF  PARKS  TO  TAKE,  REGULATE, 
CONTROL  AND  IMPROVE  PARKS  NOW  UNDER  THE  CON- 
TROL OF  INCORPORATED  CITIES,  VILLAGES  OR  TOWNS. 
[APPROVED  AND  IN  FORCE  APRIL  11,  1885.] 

Section  1.  Transfer  authorized.— Consents.  That 
every  Board  of  Public  Park  Coininissioners  shall  have 
the  power  to  take  under  its  control,  and  to  regulate,  con- 
trol and  govern,  in  the  same  manner  as  it  may  govern 
other  parks  or  boulevards  under  its  control,  any  public 
park  now  under  the  control  or  jurisdiction  of  any  in- 
corporated cit}',  town  or  village:  Provided,  that  the 
park  so  taken  shall  lie  within  the  district  or  territory, 
the  property  of  which  shall  be  taxable  for  the  mainte- 
nance of  the  parks  or  boulevards  under  the  control  of 
any  such  Board  of  Park  Commissioners :  And,  provided 
further,  that  the  consent  of  the  authorities  of  any  city, 
town  or  village  having  control  of  the  park  so  to  be 
taken,  and  also  the  consent,  in  writing,  of  the  owners 
of  a  majority  of  the  frontage  of  the  lots  and  lands  abut- 
ting on  the  park  so  to  be  taken,  shall  be  first  obtained. 

Sec.  2.  Power  of  Park  Commissioners.  Sucli 
Boards  of  Park  Commissioners  shall  have  the  same 
power  and  control  over  the  parks  taken  under  this  act 
as  are,  or  may  be  by  law  vested  in  them,  of  and  con- 
cerning the  parks,  boulevards  or  driveways  now  under 
their  control. 

Sec.  3.  Reversion  to  corporate  authorities.  In 
case  any  such  parks  so  to  be  taken  shall  pass  from  the 
control  of  any  such  park  board,  the  power  and  author- 
ity over  the  same,  granted  or  authorized  by  this  act, 


BOULEVARDS  OF  UNIFORM  WIDTH.  103 

shall  revert  to  the  proper  authorities  of  such  city,  town 
or  village,  as  the  case  may  be,  as  aforesaid. 

Sec.  ^.  Power  of  city  or  village.  Any  city,  towu 
or  village  iu  this  State  shall  have  full  jjower  aud  author- 
ity to  vest  any  such  Board  of  Public  Park  Commission- 
ers with  the  right  to  control,  improve  aud  nmintain 
any  such  park  within  the  district  over  which  such 
Board  of  Park  Commissioners  has  jurisdiction  for  the 
purposes  of  carrying  out  the  provisions  of  this  act,  iu 
accordance  with  its  intent. 

Sec.  5.  Emergency.  Whereas,  public  policy  re- 
quires that,  so  far  as  practicable,  there  should  be,  with- 
in the  jurisdiction  of  such  park  boards,  but  a  single  au- 
thorit}'  over  the  parks  lying  within  such  districts  re- 
spectively; therefore,  an  emergency  exists  for  the  pas- 
sage of  this  act,  and  the  same  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

CONDEMNATION    TO    MAKE    BOULEVARDS    OF 
UNIFORM  WIDTH. 

AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  TO  CONDEMN 
LAND  IN  CERTAIN  CASES  FOR  THE  PURPOSE  OF  MAKING 
STREETS  SELECTED  AND  TAKEN  FOR  BOULEVARDS  OF 
UNIFORM  WIDTH,  AND  TO  PROVIDE  FOR  THE  PAYMENT 
OF  THE  SAME.  [APPROVED  JUNE  14,  1887.  IN  FORCE 
JULY  1,  1887.] 

Section  1.  Power  conferred.  That  in  all  cases 
where  any  Board  of  Park  Couiuiissiouers  has  selected 
and  taken  any  street  or  i)art  tliercof  under  the  provi- 
sions of  an  Act  of  the  General  Assembly  entitled  "An 
Act  to  enable  Park  Commissionei*s  or  corporate  author- 
ities to  take,  regulate,    control    aud    improve    public 


104  STATUTES. 

streets  leading  to  public  parks,  to  pay  for  the  improve- 
ment thereof,  and  in  that  behalf,  to  make  and  collect  a 
special  assessment  or  special  tax  on  contiguous  prop- 
erty," and  any  part  or  portion  of  said  street  so  selected 
and  taken  has  not  been  legally  laid  out  or  dedicated  to 
the  uniform  width  of  one  hundred  feet,  the  said  Board 
of  Park  Commissioners  shall  have  the  power  to  widen 
said  street  or  the  part  of  said  street  so  selected  and 
taken  to  the  uniform  width  of  one  hundred  feet:  Pro- 
vided, that  some  portion  of  each  mile  of  said  street,  or 
the  part  thereof  so  selected  and  taken,  shall  be  of  the 
width  of  one  hundred  feet  at  the  time  of  such  selection 
and  taking. 

Sec.  2.  Condemnation.  Such  Park  Commissioners 
are  hereby  vested  with  power  to  take  and  acquire  title 
to  such  pieces  or  parcels  of  land  as  may  be  necessary 
for  such  widening,  and  may  proceed  to  procure  the  con- 
demnation of  the  same  in  the  manner  prescribed  in  the 
Act  of  the  General  Assembly  entitled  "An  Act  to  pro- 
vide for  the  exercise  of  the  right  of  eminent  domain." 
Approved  April  10,  1872;  the  provisions  of  which  said 
act  are  hereby  extended  to  said  Park  Commissioners. 

Sec.  3.  Assessment.  Such  Park  Commissioners 
are  hereby  authorized  to  lev^^,  or  cause  to  be  levied  and 
collected,  a  special  assessment  or  special  tax  upon  the 
contiguous  property  abutting  on  said  street  or  part 
thereof  so  selected  and  taken  for  the  purpose  of  raising 
the  amount  necessary  to  pay  the  compensation  and 
damages  for  the  said  land  necessary  to  be  taken  for  such 
widening,  with  the  costs  of  the  proceedings;  and  to 
that  end  they  shall  have  all  the  power  and  authority 
now  or  hereafter  granted  to  them  relative  to  the  levy, 


IMPROVEMENT  AND  MAINTENANCE.  105 

assessment  and  collection  of  taxes  or  assessments  for 
corporate  purposes. 

\ 
IMPKOVEMENT  AND  MAINTENANCE  OF  PAKKS. 

AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  TO  IMPROVE, 
GOVERN  AND  MAINTAIN  THE  PARKS  AND  BOULEVARDS 
UNDER  THEIR  CONTROL.  [APPROVED  JUNE  26,  1885.  IN 
FORCE  JULY  1,  1885.] 

Section  1.  Park  tax.  That  every  Board  of  Park 
Commissioners  having  a  bonded  indebtedness  incurred 
by  vii-tne  of  the  laws  of  this  State  which  is  unable,  after 
payinjifthe  interest  and  yearly  maturing-  bonds,  to  prop- 
erly improve,  <?overa  and  maintain  the  parks  and  boul- 
evards under  its  control,  with  the  amount  of  money 
nowauthorized  by  lawto  be  raised  and  setapartfor  that 
purpose,  shall,  in  additionto  the  amount  of  money  now 
authorized  to  be  raised  by  taxation  on  the  property  em- 
braced in  its  park  district,  be  allowed  a  sum  not  exceed- 
injx  one  mill  on  each  dollar  of  taxable  property  em- 
braced in  such  park  district,  accordins^  to  valuation  of 
the  same  as  made  for  the  purpose  of  State  and  county 
taxation  by  the  last  assessment.  And  the  officers  au- 
thorized by  law  to  assess  taxes  for  park  purposes  re- 
spectively, shall,  on  receiving  a  certificate  from  such 
Board  of  Park  C<>mmissioners  that  the  amount  men- 
tioned in  such  certificate,  not  exceeding  the  amount 
aforesaid,  is  necessary  for  the  proper  improvement, 
government  and  maintenance  of  the  park  property  un- 
der its  control,  assess  the  same  upon  the  taxable  prop- 
erty embraced  in  said  park  district,  tlie  same  as  other 
park  taxes  are  by  law  assessed,  and  the  same  shall  be 
collected  and  paid  over  the  same  as  other  park  taxes 
are  now  required  by  law  to  be  collected  and  paid. 


106  STATUTES. 

AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  TO  MAINTAIN 
AND  GOVERN  PARKS  AND  BOULEVARDS  UNDER  THEIR 
CONTROL.  [APPROVED  JUNE  17,' 1893.  IN  FORCE  JULY  1, 
1893.] 

Section  1.  Park  tax.  That  in  any  town  wliic-li  is 
now  included  within  the  limits  of  any  city  in  this  State, 
in  which  a  Board  of  Park  Commissioners  shall  now 
exist,  having  authority  by  law  to  acquire  land  and  the 
appurtenances  in  trust  for  the  inhabitants  of  such  town, 
and  of  the  division  or  part  of  such  town  and  for  such 
parties  or  persons  as  may  succeed  to  tlie  rights  of  such 
inhabitants,  and  for  the  public,  as  public  promenades 
and  pleasure  gTounds  and  ways,  and  for  no  other  use  or 
purpose,  without  the  consent  of  a  majority  by  frontage 
of  the  owners  of  the  property  fronting  the  same,  and 
without  the  power  to  sell,  alienate,  mortgage  or  in- 
cumber the  same,  the  corporate  authorities  of  any  such 
town,  authorized  by  law  to  assess  taxes  for  park  pur- 
poses, shall,  upon  the  receipt  of  a  certificate  in  writing 
from  any  such  Board  of  Park  Commissioners,  on  or  be- 
fore the  first  day  of  August  in  each  year,  levy  and  as- 
sess, in  addition  to  all  other  taxes  now  authorized  by 
law  to  be  levied  and  assessed  for  the  purpose  of  govern- 
ing and  maintaining  any  such  parks  and  boulevards, 
one  mill  on  each  dollar  of  taxable  property  in  said  town 
and  within  the  park  district,  subject  to  taxation  for 
park  and  boulevard  purposes^  according  to  the  valua- 
tion of  the  same,  as  made  for  the  purpose  of  State  and 
county  taxation;  and  such  additional  one  mill  on  the 
dollar  of  the  taxable  property  in  said  town  and  park 
district  shall  be  used  and  exix^nded  by  such  Board  of 
Park  Commissioners  in  governing  and  maintaining  any 
parks,  boulevards  or  pleasureways  under  the  jurisdic- 
tion, management  and  control  of  any  such  Board  of 


IMPROVEMENT    AND    MAINTENANCE.  107 

Park  Commissioners,  and  for  pacing  any  other  neces- 
sary and  incidental  expenses  incurred  in  and  about  the 
management  of  any  such  i)arks  and  boulevards,  and 
such  additional  one  mill  shall,  by  the  officer  authorized 
by  law  to  assess  and  collect  taxes  for  park  purposes,  be 
collected  and  paid  over,  the  same  as  other  park  taxes 
are  now  re(]uired  by  law  to  be  collected  and  paid  over. 


AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  TO  MAINTAIN 
AND  GOVERN  PARKS  AND  BOULEVARDS  UNDER  THEIR 
CONTROL.  [APPROVED  JUNE  17,  1895.  IN  FORCE  JULY  1, 
1895.] 

Section  1.  Park  tax.  That  in  any  town  which  is 
now  included  within  the  limits  of  any  city  in  this  State, 
in  which  a.  Board  of  Park  Commissioners  shall  now 
exist,  havino  authority  by  law  to  acquire  land  and  the 
appurtenances  in  trust  for  the  inhabitants  of  such  town, 
and  for  such  parties  or  i>ers()ns  as  nuiy  succeed  to  the 
rights  of  such  inhabitants,  and  for  the  public  as  public 
promenades  and  pleasure  grounds  and  ways,  and  for  no 
other  use  or  purpose  without  the  consent  of  a  majority 
by  frontage  of  the  owners  of  the  property  fronting  the 
same,  and  without  the  power  to  sell,  alienate,  uu>rtgage 
or  incumber  the  same,  the  corj^orate  authorities  of  any 
such  town,  authorized  by  law  to  assess  taxes  for  park 
purposes,  shall,  upon  the  receipt  of  a  certificate  in  writ- 
ing from  any  such  Board  of  Park  Commissioners,  on  or 
before  the  first  day  of  August  in  each  year,  levy  and 
assess,  in  addition  to  all  other  taxes  now  authorized  by 
law,  to  be  levied  and  assessed  for  the  pur])ose  of  govern- 
ing and  maintaining  any  such  parks  and  boulevards, 
two  mills  on  each  dollar  of  the  taxable  property  in  said 
town  and  within  the  park  district,  subject  to  taxation 
for  park  and  boulevard  purposes,  according  to  the  valu- 


108  STATUTES. 

ation  of  the  same,  as  made  for  the  purpose  of  State  and 
county  taxation;  and  such  additional  two  mills  on  the 
dollar  of  taxable  property  in  said  town  and  park  dis- 
trict shall  be  used  and  expended  by  sucli  Board  of  Park 
Commissioners  in  governing:  and  maintaining  any 
parks,  boulevards  or  pleasureways  under  the  jurisdic- 
tion, management  and  control  of  any  such  Board  of 
Park  Commissioners,  and  for  paying  any  other  neces- 
sary incidental  expenses  incurred  in  and  about  the  man- 
agement of  any  such  parks  and  boulevards,  and  such 
additional  two  mills  shall,  by  the  officer  authorized  by 
law  to  assess  and  collect  taxes  for  park  purposes,  be 
collected  and  paid  over  the  same  as  other  park  taxes  are 
now  required  by  law  to  be  collected  and  paid  over. 

SALE  OF  LANDS  NOT  NEEDED. 

AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  TO  SELT-  LAND 
NO  LONGER  NEEDED  FOR  PARK  PURPOSES.  [APPROVED 
JUNE  16,  1887.     IN  FORCE  JULY  1,  1887.] 

Section  1.  Any  Board  of  Park  Commissioners  liav- 
ing  the  control  or  supervision  of  any  public  park,  boule- 
vard, driveway  or  highway,  and  having  any  piece  or 
parcel  of  land  not  exceeding  one  acre  in  area  which 
shall  no  longer  be  needed  or  deemed  necessary  or  use- 
ful for  the  pui'pose  of  said  park,  boulevard,  driveway  or 
highway,  may  apply  to  the  Circuit  Court  of  the  county 
in  which  such  piece  or  parcel  of  land  is  situated,  by  pe- 
tition in  writing,  for  leave  to  sell  the  same.  Notice  of 
such  application  shall  be  given  by  said  Board  of  Park 
Commissioners  in  some  newspaper  published  in  said 
county  at  least  ten  days  before  the  day  named  therein 
when  said  application  will  be  made.  All  persons  in- 
terested may  appear  before  said  Circuit  Court,  either 


COMMISSIONERS  APPOINTED  BY  GOVERNOR.  109 

in  person  or  by  attorney,  when  said  application  sliall 
be  made,  and  object  to  the  granting  thereof.  After 
hearing  all  persons  interested,  if  said  court  shall  deem 
the  granting  of  said  application  to  be  for  the  public 
interest,  it  shall  direct  that  the  property  mentioned  in 
said  application,  or  any  part  thereof,  be  sold  and  con- 
veyed by  the  said  Board  of  Park  Commissioners  for  the 
use  of  said  park,  boulevard,'  driveway  or  highway,  upon 
such  terms  and  conditions  as  tlie  said  court  may  think 
proper. 

APPOINTMENT  OF  COMMISSIONERS  BY 
GOVERNOR. 

AN  ACT  TO  PROHIBIT  THE  APPOINTMENT  OF  PARK  COM- 
MISSIONERS BY  JUDGES  OF  THE  CIRCUIT  COURT  AND  TO 
PROVIDE  FOR  THEIR  APPOINTMENT  BY  THE  GOVERNOR 
OF  THE  STATE.  [APPROVED  MAY  30,  1881.  IN  FORCE 
JULY  1,  1881.] 

Section  1.  Judges  not  to  appoint  Commissioners. 
Tliat  hereafter  it  shall  not  be  lawful  for  an^-  judge  or 
judges  of  any  Circuit  Court  in  this  State  to  appoint  any 
Park  Commissioner  or  fill  any  vacancy  in  anj'  sucli  of- 
fice of  Park  Commissioner. 

Sec.  2.  Governor  to  appoint.  The  Governor  of  the 
State  of  Illinoi.s  shall  apijoint  all  Park  Commissioners 
hereafter  to  be  appointed  under  and  by  virtue  of  any 
act  or  acts  providing  for  the  location  and  maintenance 
of  any  i^ublic  park  or  parks  (not  under  the  control  of 
any  city,  village  or  other  municipal  corporation),  and 
shall  fill  all  vacancies  which  may  hereafter  occur  in  any 
such  office  of  Park  Commissioner  or  Board  of  Park 
C>)mmissioners  by  like  appointment,  anything  in  any 
such  act  or  acts  to  the  contrai*y  notwithstanding. 


110  STATUTES. 

Sec.  3.  How  vacancy  certified.  Whenever  any 
vacancy  or  vacancies  shall  occur  in  any  such  Board  of 
Park  Commissioners  it  shall  be  the  duty  of  the  remain- 
ing member  or  members  of  such  board  to  certify  the 
fact  of  such  vacancy  or  vacancies  to  the  Governor  of 
the  State  of  Illinois. 

NOTE. 

In  the  case  of  Cornell  vs.  The  People  ex  rel.,  107  111., 
372,  it  was  held,  that,  while  the  people  of  the  towns  of 
South  Chicago,  Hyde  Park  and  Lake,  having,  by  vote, 
accepted  the  provisions  of  the  South  Park  act  and  there- 
by made  the  Board  of  South  Park  Commissioners  a 
municipal  corporation  in  ^^■hich  the  Legislature  might 
vest  power  to  assess  and  collect  taxes  within  the  park 
district  for  the  special  corporate  purposes  of  its  crea- 
tion, and  while,  as  a  general  proposition,  the  Legisla- 
ture has  the  power  to  control  municipal  bodies  which  it 
has  created,  and  may,  as  a  general  rule,  alter  or  amend 
the  act  of  incorporation  at  pleasure,  and  may  enlarge 
or  diminish  the  corporate  powers  of  the  South  Park 
Commissioners,  still  it  must  also  be  held  that  the  "cor- 
porate authorities"  intended  by  the  constitution  upon 
whom  the  power  of  taxation  may  be  conferred,  are 
such  municipal  officers  as  may  have  been  elected  direct- 
ly by  the  people  or  appointed  in  some  mode  to  which 
the  people  of  a  given  district  have,  by  vote,  given  their 
assent,  and  that,  therefore,  the  Legislature  has  no  au- 
thority to  change  the  method  of  appointing  the  corpor- 
ate authorities  of  the  South  Park  district,  who  are  the 
South  Park  Commissioners.  The  original  method  of 
appointment  having  been  provided  in  the  charter  and 
accepted  by  vote  of  the  people,  no  such  change  could  be 


EXTENSION  OF  DRIVEWAYS  ON  LAKE  SHORE.  Ill 

made  except  by  being  assented  to  by  a  vote  of  the 
people. 

The  act  of  the  Legislature,  therefore,  providing  that 
the  South  Park  Ooniniissiouers  shoukl  be  appointed  by 
the  Governor  of  the  State  instead  of  circuit  judges  of 
Cook  County  was  held  unconstitutional  and  void. 

And  in  The  People  ex  rel.  vs.  Morgan,  90  111.,  558,  it 
was  held  that  the  Circuit  Court  judges  were  properly 
exercising  a  legal  authority  in  appointing  the  South 
Park  Commissioners. 

EXTENSION  OF  DRIVEWAYS  ON  LAKE  SHORE. 

AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  HAVING  CON- 
TROL OF  ANY  BOULEVARD  OR  DRIVEWAY  BORDERING 
UPON  ANY  PUBLIC  WATERS  IN  THIS  STATE  TO  EXTEND 
THE  SAME.  [APPROVED  JUNE  4,  1889.  IN  FORCE  JULY  1, 
1889.] 

Section  1.  Extension  of  boulevard  or  driveway— 
Not  to  interfere  with  navigation.  That  every  board 
of  Park  Commissioners,  existing  under  the  laws  of  this 
State,  that  now  has,  or  may  hereafter  have,  control  over 
any  boulevard  or  driveway  connecting  with  any  public 
park  under  the  control  of  such  board,  and  bordering 
upon  any  public  waters  in  this  state,  shall  have  power, 
subject  to  the  limitations  in  this  act  contained,  to  ex- 
tend such  boulevard  or  driveway,  of  the  width  of  not 
mon^  than  two  hundred  feet  over  and  upon  the  bed  of 
such  i)ublic  waters:  Provided,  however,  that  no  such 
boulevard  or  driveway  shall  be  extended,  under  the  pro- 
visions of  this  act,  in  such  a  manner  as  to  interfere  with 
the  navigation  of  such  public  waters  for  the  purposes 
of  commerce;  and  that  the  lands  adjacent  to  such  pub- 
lic waters    and  connected    with    tlie    termini    of  such 


112  STATUTES. 

boulevard  or  driveway  as  extended  under  the  provis- 
ions of  this  act,  shall  lie  within  the  district  or  territory, 
the  property  of  which  shall  be  taxable  for  the  main- 
tenance of  the  parks  under  the  control  of  such  board. 

Sec.  2.  Plans,  consent  to  be  obtained,  riparian 
rights.  Whenever  an^^  such  board  of  Park  Commis- 
sioners shall  determine  to  extend  any  such  boulevard 
or  driveway  under  this  act,  said  board  shall  prepare  a 
plan  of  such  proposed  extension,  and  make  an  estimate 
of  the  cost  thereof,  and  shall  obtain  the  consent  in  writ- 
ing of  the  owners  of  at  least  two-thirds  of  the  frontage 
of  all  of  the  lands  not  appropriated  to  or  held  for  public 
use  abutting  on  such  public  waters  in  front  of  which 
it  is  proposed  to  extend  such  boulevard  or  driveway  for 
the  making  of  such  extension,  and  shall  also  obtain  the 
consent  of  the  supervisor  and  assessor,  corporate  au- 
thorities of  the  town  or  towns  in  which  the  lands  abut- 
ting on  such  public  waters  in  front  of  such  proposed 
extension  may  lie,  to  the  making  of  such  extension. 
The  riparian  or  other  rights  of  the  owners  of  lands  on 
the  shore  adjoining  the  waters  in  which  it  is  proposed 
to  construct  such  extension,  the  said  board  of  Park  Com- 
missioners may  acquire  by  contract  with  or  deeds  from 
any  such  owner;  and  in  case  of  inability  to  agree  with 
any  such  owner,  proceedings  may  be  had  to  condemn 
such  rights  according  to  the  provisions  of  article  nine 
of  an  act  entitled  "An  act  to  provide  for  the  incorpora- 
tion of  cities  and  villages,"  approved  April  10,  1872, 
and  the  amendments  thereof. 

Sec.  3.  Powers  of  board,  submerged  lands.  Upon 
complying  with  section  two  of  this  act,  said  board  shall 
have  power  to  contract  in  writing  with  any  person  or 


EXTENSION    OP   DRIVEWAYS   ON  LAKE  SHORE.  113 

persons  for  the  construction  of  such  extension  of  such 
boulevard  or  driveway,  according  to  such  plan,  and 
under  the  supervision  of  said  board,  and  in  all  cases 
where  an}^  boulevard  or  driveway  is  extended  under  the 
provisions  hereof,  the  submerged  lands  lying  between 
the  shore  of  such  public  waters  and  the  inner  line  of  the 
extension  of  such  boulevard  or  driveway  shall  be  ap- 
propriated by  the  board  of  Park  Commissioners  to  the 
purpose  of  defraying  the  cost  of  such  extension,  and 
to  that  end  such  board  of  Park  Commissioners  are  au- 
thorized to  sell  and  convey  such  submerged  lands  in 
fee  simple  by  deeds  duly  executed  on  its  behalf  by  its 
president  and  under  its  corporate  seal,  and  eveiy  deed 
executed  in  pursuance  hereof  shall  vest  a  good  title  in 
the  grantee  to  the  premises  intended  to  be  conveyed 
thereby. 

Sec.  4.  Title  and  control.  Upon  the  completion  of 
any  such  extension  of  such  boulevard  or  driveway,  the 
title  thereto,  and  to  the  bed  thereof,  shall  be  vested  in 
such  board  of  Park  Commissioners  for  the  purpose  of  a 
boulevard  or  driveway,  and  shall  become  a  part  of  the 
public  park  or  parks  under  the  control  of  such  board, 
and  shall  thencefor-th  be  maintained  and  controlled  by 
such  board  in  the  manner  provided  by  law  for  the  gov- 
ernment and  maintenance  of  other  boulevards  and 
driveways  under  its  control. 

Sec.  5.  Termini  of  streets,  construction  of  act.  In 
case  any  public  streets  shall  extend  to  the  shore  line  of 
said  public  waters  in  front  of  which  extension  of  such 
boulevard  or  driveway  shall  be  constructed  under  this 
act,  and  such  streets,  if  extended,  would  cross  such  ex- 
tension, such  streets  (unless  the  municipality  in  control 


114  STATUTES. 

thereof  shall  otherwise  direct)  shall  extend  to  the  in- 
side line  of  such  extension  of  said  boulevard  or  drive- 
way. Nothing  in  this  act  shall  be  construed  to  repeal 
section  twenty  of  an  act  entitled  "An  act  in  regard  to 
the  completion  of  public  parks  and  the  management 
thereof,"  approved  June  16,  1871,  and  amendments 
thereto  heretofore  mada,  or  which  may  be  hereafter 
made,  unless  expressly  so  declared. 

LOGAN*  MONUMENT. 

AN  ACT  TO  APPROPRIATE  FIFTY  THOUSAND  DOLLARS  ($50,- 
000)  TO  ERECT  A  MONUMENT  TO  JOHN  A.  LOGAN  AND  FOR 
THE  APPOINTMENT  OF  COMMISSIONERS  THEREFOR.  [AP- 
PROVED FEBRUARY  10,  1887.     IN  FORCE  JULY  1,  1887.] 

Section  1.  Commissioners.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  Gen- 
eral Assembly,  That  Henry  W.  Blodgett,  William  C. 
Goudy,  Robert  T.  Lincoln,  John  M.  Palmer,  Milton 
Hay,  Richard  S.  Tuthill,  William  H.  Harper,  Melville 
W.  Fuller,  John  R.  Walsh,  Oliver  A.  Harker,  William 
S.  Morris  and  George  W^.  Smith,  be,  and  they  are  here- 
by, constituted  commissioners  to  erect  a  monument  in 
honor  of  John  A.  Logan,  deceased,  at  such  point  in  the 
City  of  Chicago,  or  elsewhere  in  the  State  of  Illinois,  as 
may  be  selected  by  his  widow,  and  they  are  hereby 
authorized  and  empowered  to  receive  proposals  and  to 
contract  for  the  completion  of  such  monument,  and  to 
receive  subscriptions  therefor:  Provided,  that  such 
commissioners  shall  not  obligate  the  State  of  Illinois  to 
exceed  the  sum  named  in  section  three  of  this  act. 

Sec.  2.  Compensation.  Such  Commissioners  shall 
receive  no  compensation  for  their  services. 


LOGAN    MONUMENT.  115 

Sec.  3.  Appropriation.  For  the  purpose  of  de- 
fraying; the  cost  of  such  luoiiuinciit,  beyoud  such 
amounts  as  ma}"  be  received  by  yoluntary  contribu- 
tions, the  sum  of  fifty  thousand  dolhirs  (|50,000)  is 
hereby  appropriated  out  of  the  State  Ti'easury,  and  the 
Auditor  of  Public  Accounts  is  liereby  authorized  to 
draw  his  warrant  on  the  State  Treasury  for  such 
amount,  out  of  the  moneys  in  the  treasury  not  other- 
wise appropriated,  upon  the  certificate  of  a  majority  of 
such  Commissioners  from  time  to  time  during'  the 
progress  of  the  work. 

AN  ACT  TO  AMEND  SECTION  1,  TO  ADD  SECTION  4,  AND  TO 
AMEND  THE  TITLE  OF  AN  ACT  ENTITLED  "AN  ACT  TO 
APPROPRIATE  FIFTY  THOUSAND  DOLLARS  ($50,000)  TO 
ERECT  A  MONUMENT  TO  JOHN  A.  LOGAN,  AND  FOR  THE 
APPOINTMENT  OF  COMMISSIONERS  THEREFOR,''  AP- 
PROVED FEBRUARY  10,  1887,  AND  TO  ADD  THE  EMERG- 
ENCY CLAUSE  TO  SAID  ACT  AS  SECTION  4.  [APPROVED 
AND  IN  FORCE  MAY  31,  1887.] 

Section  1.  Commissioners.  Be  it  enacted  by  tlie 
People  of  the  State  of  Illinois,  represented  in  the  (ien- 
eral  Assembly,  That  section  1  of  an  act  entitled  "An 
Act  to  appropriate  fifty  thousand  dollars  (|50,000)  to 
erect  a  monument  to  John  A.  Logan  and  for  the  ap- 
pointment of  commissioners  therefor,"  approved  Feb- 
ruary' 10,  1887,  be  and  the  same  is  hereby  amended,  so 
as  to  read  as  follows: 

"Section  1.  Re  it  enacted  by  the  People  of  the  State 
of  Illinois,  represented  in  the  (Jeneral  Assembly,  That 
Henry  W.  Blodgett,  William  (\  (loudy,  Kobert  T.  Lin- 
coln, John  M.  Palmer,  Milton  Hay,  Richard  S,  Tuthill, 
William  H.  Harper,  Melville  W.  Fuller,  John  K.  Walsh, 
Oliver  A.  Harker,  William  S.  Morris  and  Oeorge  W. 
Smith,  be,  and  they  are  hereby  constituted  commis- 


116  STATUTES. 

sioners  to  erect  a  moiinmeut  in  lionor  of  John  A.  Logan, 
deceased,  at  such  point  in  tlie  City  of  Chicago,  or  else- 
where in  the  State  of  Illinois,  as  may  be  selected  by  his 
widow,  and  they  are  hereby  authorized  and  empowered 
to  receive  proposals  and  to  contract  for  the  completion 
of  such  monument,  and  to  receive  subscriptions  there- 
for: Provided,  That  such  Commissioners  shall  not  obli- 
gate the  State  of  Illinois  to  exceed  the  sum  named  in 
section  three  of  this  act:  and  provided,  further.  That 
if  the  place  selected  by  the  widow  of  said  John  A.  Lo- 
gan for  the  site  of  such  monument  shall  be  located  in  or 
upon  any  public  park  or  boulevard  under  the  govern- 
ment and  control  of  any  board  of  park  commissioners, 
such  board  of  park  commissioners  shall  be,  and  they 
are  hereby  authorized,  empowered  and  directed  to  al- 
low such  monument  to  be  placed  upon  the  site  so  se- 
lected b}'  said  widow,  and  to  provide  that  such  monu- 
ment shall  be  made  the  permanent  resting  place  of  the 
remains  of  said  John  A.  Logan,  and  of  his  said  widow 
after  her  death." 

Sec.  2.  Emergency  added.  That  said  act  named 
in  the  caption  hereto  be,  and  the  same  is  hereby  fur- 
ther amended,  by  adding  the  emergency  clause  thereto 
as  section  4,  so  as  to  read  as  follows: 

"Sec.  4.  Whereas,  An  emergency  exists,  this  act 
shall  take  effect  and  be  in  force  from  and  after  its 
passage." 

Sec.  3.  Amends  title.  That  the  title  of  said  act 
be  so  amended  as  to  read  as  follows:  "An  Act  to 
appropriate  fifty  thousand  dollars  (-150,000)  to  erect  a 
monument  to  John  A.  Logan,  for  the  appointment  of 
commissioners  therefor,  and  to  provide  for  the  location 


WORLD'S    COLUMBIAN    EXPOSITION.  117 

of  the  same  in  or  upon  a  public  park  or  boulevard  un- 
der the  government  and  control  of  a  board  of  park  com- 
missioners, and  to  provide  for  makino-  the  same  the 
l)ernianent  resting  place  of  the  said  John  A.  Logan  and 
of  his  widow  after  her  decease."  ' 

Sec.  4.  Emergency.  Whereas,  An  emergency  ex- 
ists, this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

WOKLD'S    COLUMBIAN    EXrOSlTlOX. 

AN  ACT  IN   RELATION   TO   THE   "WORLDS   COLUMBIAN   EX- 
POSITION."    [APPROVED  AND  IN  FORCE  AUGUST  5,  1890.] 

Whereas,  The  Congress  of  the  United  States  has 
passed  an  Act  entitled  "An  Act  to  provide  for  the  cele- 
brating the  four  hundredth  anniversary  of  the  discov- 
eiy  of  America,  by  Christopher  Columbus,  by  holding 
an  international  exhibition  of  art,  industries,  manu- 
factures, and  the  product  of  the  mine  and  soil,  in  the 
City  of  Chicago,  in  the  State  of  Illinois;"  approved 
April  25,  1890,  and 

Whereas,  The  people  of  the  State  of  Illinois  appre- 
ciate the  honor  conferred  upon  their  State  by  the  loca- 
tion of  said  international  exhibition,  now  known  as  the 
"World's  Columbian  Exposition,"  within  its  limits,  mu<1 
are  in  syni]>athy  with  the  objects  and  }>nr])oses  of  said 
exposition,  and  desirous  of  contributing  to  the  success 
thereof  by  the  adoption  of  legislation  ancillary  to  the 
sai<l  Act  of  Congress  aforesaid;   now,  therefore, 

Section  1.  Use  of  lands  authorized.  Be  it  en- 
acted by  the  people  of  the  State  of  Illinois,  represented 
in  the  General  Assembly:  That  there  shall  be,  and  is 
hereby,  granted  to  the  authorities  having  the  charge 


118  STATUTES. 

and  management  of  said  World's  Columbian  Exposi- 
tion, the  use  and  occupation  of  all  lands,  or  right  there- 
in, of  the  State  of  Illinois,  whether  submerged  or  other- 
wise, within  the  present  limits  of  the  City  of  Chicago, 
or  adjacent  thereto,  which  may  be  designated  and  se- 
lected by  said  authorities  as  the  site  or  sites  for  the 
holding  of  said  World's  Columbian  Exposition.  The 
use  and  occupation  hereby  granted  shall  not  continue 
longer  than  one  year  after  the  close  of  said  exposition. 
And  the  use  of  any  submerged  lands  which  may  be 
filled,  or  reclaimed  under  the  provisions  hereof,  shall 
accrue  to  the  City  of  Chicago,  to  be  forever  maintained 
as  a  public  park;  and  when  any  part  thereof  is  diverted 
to  any  other  use,  the  title  and  possession  to  all  of  said 
lands  shall  revert  to  the  State  of  Illinois. 

Sec.  2.  Public  grounds  may  be  used— Consent 
—Easement— Damages.  There  is  also  hereby  grant- 
ed to  the  authorities  having  the  charge  and  man- 
agement of  said  World's  Columbian  Exposition,  for 
such  term  as  may  be  necessary  for  the  accomplishment 
of  the  objects  thereof,  the  use  and  enjoyment  of  any 
public  grounds,  or  park  grounds,  and  rights  appurten- 
ant thereto,  the  title  to,  or  control  over  which  may  be 
vested  in  the  City  of  Chicago,  the  corporate  authorities 
of  the  City  of  Chicago  consenting  thereto,  with  the  right 
and  authority  to  improve  the  same  for  the  purposes  of 
the  said  World's  Columbian  Exposition,  in  such  man- 
ner as  to  the  said  authorities  shall  seem  necessary  and 
expedient;  and  in  case  improvements  of  a  permanent 
character,  enlarging  said  public  grounds,  shall  be  made 
for  the  accommodation  of  said  World's  Columbian  Ex- 
position, all  such  enlargements  shall,  at  the  expira- 
tion of  the  term  herein  limited,  remain  a  part  of  said 


WORLD'S    COLUMBIAN    EXPOSITION.  119 

public  grounds,  without  prejudice  to  any  private  rights 
therein  as  the  same  existed  prior  to  the  passage  of  this 
Act;  Provided,  that  the  buiklings  erected  upon  said 
public  grounds,  or  any  enlargement  thereof,  may  be 
removed  and  disposed  of  by  the  authorities  erecting  the 
same  within  one  year  from  and  after  the  close  of  said 
exposition,  unless  otherwise  arranged  and  agreed  be- 
tween the  corporate  authorities  of  said  City  of  Chicago 
and  the  authorities  who  erected  the  same;  and  if  the 
said  City  of  Chicago  shall  agree  to  purchase  said  build- 
ings, said  authorities  shall  not  ask  or  obtain  from  said 
city  for  said  buildings  a  sum  greater  than  the  actual 
cost  of  building  the  same. 

If  any  owners  of  any  lands  or  lots  abutting  or  front- 
ing on  any  such  public  grounds,  or  park  grounds,  or  ad- 
jacent thereto,  shall  have  any  private  right,  easement, 
interest  or  property  in  such  public  or  park  grounds  ap- 
purtenant to  their  lauds  or  lots,  or  otherwise,  or  an}' 
right  to  have  such  public  or  park  grounds  remain  open 
or  vacant  and  free  from  encroachment,  the  Attorney 
General,  or  the  State's  Attorney  of  Cook  County,  may, 
at  the  request  of  the  authorities  having  the  charge  and 
management  of  said  World's  Columbian  Exposition, 
apply  to  the  Circuit  or  Superior  Court  of  Cook  County, 
or  to  any  judge  of  either  of  said  courts  in  vacation,  by 
filing  with  the  Clerk  of  the  Court  a  petition  in  the  name 
of  the  people  of  the  State  of  Illinois,  praying  that  the 
compensation  to  be  paid  for  sucli  right,  interest,  ease- 
ment or  property,  or  for  any  interference  with  or  dam- 
age thereto,  for  the  term  hereinafter  mentioned,  may 
be  ascertained  by  a  jur^-.  Such  petition  and  all  pro- 
ceedings in  relation  thereto  shall  be,  as  nearly  as  may 
be,  as  prescribed  by  an  Act  entitled  "An  Act  to  provide 


120  STATUTES. 

for  the  exercise  of  the  right  of  eminent  domain,"  ap- 
proved April  10, 1872.  No  private  right,  interest,  ease- 
ment or  property  shall  be  taken  or  condemned,  as  afore- 
said, for  a  longer  term  than  may  be  necessary  for  the 
accomplishment  of  the  objects  and  purposes  of  the 
World's  Columbian  Exposition,  such  term  not  to  ex- 
ceed five  years.  The  compensation  for  the  same,  when 
ascertained  by  a  jury  as  aforesaid,  shall  be  paid  by  the 
said  authorities  having  the  charge  and  management  of 
said  World's  Columbian  Exposition.  Upon  the  expira- 
tion of  the  term  for  which  such  right,  interest,  ease- 
ment or  property  shall  have  been  taken  or  condemned, 
as  aforesaid,  the  same  shall  immediately  revert  to  the 
owners  thereof,  or  their  privies  in  law  or  in  estate. 

Sec.  3.       Commissioners  may  allow  use  of  parks. 

In  case  the  site  or  sites  for  the  holding  of  the  said 
World's  Columbian  Exposition,  as  finally  located 
and  fixed  by  the  authorities  in  charge  thereof,  shall  in- 
clude the  whole  or  any  part  of  any  public  park  which 
is  or  may  be  under  the  control  and  management  of 
Park  Commissioners,  then,  and  in  that  event,  it  shall 
be  competent,  and  express  authority  for  that  purpose 
is  hereby  granted  to  the  Park  Commissioners  having 
the  control  and  management  of  such  public  park  to  al- 
low the  use  of  the  same,  or  any  part  thereof,  for  the 
purposes  of  said  World's  Columbian  Exposition  upon 
such  terms  and  conditions  as  may  be  agreed  upon  be- 
tween the  said  Park  Commissioners  and  the  authori- 
ties having  the  management  of  said  exposition. 

Sec.  4.  Park  bonds— Vote.  The  said  Park  Com- 
missioners in  the  charge  of  the  public  grounds,  or 
any  part  thereof  designated  and  selected  as  the  site  of 
the  whole  or  part  of  the  said  exposition,  by  the  authori- 


WORLD'S    COLUMBIAN    EXPOSITION.  121 

ties  in  cliarge  thereof,  shall  have  and  are  hereby  in- 
vested with  full  power  and  authority. in  their  discre- 
tion to  issne  and  sell  interest  bearing  bonds  to  an 
amount  not  exceeding  five  hundred  thousand  dollars, 
the  proceeds  of  said  bonds  so  issued  to  be  used  and  ap- 
plied in  improving  the  gTounds  under  their  control 
selected  as  aforesaid  for  the  use  of  said  exposition,  and 
authority  is  hereby  expressly  granted  to  the  Park  Com- 
missioners issuing  said  bonds  to  levy  and  collect  a  di- 
rect annual  tax  upon  the  property  within  their  jurisdic- 
tion sufficient  to  pay  the  interest  on  said  bonds  as  it 
falls  due,  and  also  to  pay  and  discharge  the  principal 
thereof  within  twenty  years  from  the  date  of  issuing 
said  bonds.  All  improvements  made  by  the  proceeds 
of  said  bonds  shall  become  a  part  of  the  public  property 
to  be  held  and  controlled  by  the  Park  Commissioners 
issuing  said  bonds.  But  the  power  herein  granted 
shall  not  be  exercised  until  the  proposition  to  issue 
such  bonds  shall  have  been  submitted  to  a  vote  of  the 
legal  voters  of  such  park  district  and  receive  a  majority 
of  the  votes  cast  upon  that  proposition  at  such  election. 
Public  notice  of  the  time  and  places  for  holding  such 
election  shall  be  given  by  the  Park  Commissioners  of 
such  district  not  less  than  twenty  (20)  days  before  the 
day  appointed  therefor,  by  publication  in  some  news- 
paper of  general  circulation  in  said  district,  and  by 
posting  the  same  in  at  least  ten  of  the  most  public 
places  in  sairl  district,  and  the  ballots  shall  read  "For 
issuing  the  bonds,"  or  "Against  issuing  the  bonds." 
The  said  election  shall  be  held,  and  the  ballots  cast 
shall  be  counted,  and  the  returns  thereof  be  canvassed 
by  the  same  officers  and  in  the  same  manner  as  in  the 
case  of  election  of  county  officers  within  said  district. 


122  STATUTES. 

Sec.  5.  Emergency.  Inasmuch  as  it  is  important 
and  necessary  that  preparatioij  for  the  holding  of 
said  WorkFs  Columbian  Exposition  should  be  proceed- 
ed witli  at  once,  it  is  therefore  declared  that  an  emer- 
gency exists,  and  that  this  Act  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 

MAINTENANCE  OF  BOULEVARDS. 

AN  ACT  TO  AUTHORIZE  CORPORATE  AUTHORITIES  HAVING 
'  JURISDICTION  AND  CONTROL  OP  PARKS  AND  BOULE- 
VARDS TO  LEVY  A  SPECIAL  TAX  UPON  CONTIGUOUS 
PROPERTY  ABUTTING  ON  BOULEVARDS  AND  PLEASURE- 
WAYS,  FOR  THE  MAINTENANCE  AND  REPAIR  THEREOF. 
[APPROVED  JUNE  17,  1893.     IN  FORCE  JULY  1,  1893.] 

Section  1.  Special  tax— Who  may  levy— Limit 
as  to  amount.  That  in  any  town  which  is  now  in- 
cluded within  the  limits  of  any  city  in  this  State  in 
which  a  board  of  park  commissioners  shall  now  exist, 
having  authority  by  law  to  acquire  land  and  the  ap- 
purtenances in  trust  for  the  inhabitants  of  such  town, 
and  of  a  division  or  part  of  such  city,  and  for  such  par- 
ties and  persons  as  may  succeed  to  the  rights  of  such 
inhabitants  and  for  the  public,  as  public  promenades 
and  pleasure  grounds  and  ways;  but  not  for  any  other 
use  or  purpose,  without  the  consent  of  a  majority  by 
frontage  of  the  owners  of  the  property  fronting  the 
same,  and  without  the  power  to  sell,  alienate,  mort- 
gage or  incumber  the  same,  any  such  board  of  park 
commissioners  shall  have  power  and  authority  to  levy 
a  special  tax  upon  each  lineal  foot  of  the  several  lots, 
blocks,  pieces  and  parcels  of  land  abutting  on  any 
boulevard,  driveway  or  pleasureway  now  under  the 
control,  or  hereafter  to  be  under  the  control  and  man- 


MAINTENANCE  OF  BOULEVARDS.  123. 

agement  of  any  such  board  of  park  commissioners,  but 
such  special  tax  so  to  be  levied  b}'  any  such  board  of 
park  commissiouers  shall  not  exceed  twenty-five  cents 
per  lineal  foot  in  au}'  one  year,  upou  the  several  lots, 
blocks,  parcels  and  pieces  of  laud  so  abutting-  on  any 
such  boulevard,  driveway  or  pleasureway. 

Sec.  2.  Assessment  Roll.  It  shall  be  and  is  here- 
by made  the  duty  of  any  such  board  of  park  commis- 
sioners, on  or  before  the  tenth  day  of  July  in  each  year, 
to  make  a  separate  list  or  roll  of  the  several  lots,  blo«-ks. 
pieces  and  parcels  of  land  contiguous  to  and  abutting 
upon  each  and  every  boulevard  under  the  management 
and  control  of  any  such  board  of  park  commissioners, 
which  said  separate  lists  or  rolls  shall  contain  a  sub- 
stantially correct  description  of  each  separate  block, 
piece  and  parcel  of  land  abutting  on  each  of  any  such 
boulevards  or  pleasureways,  and  as  nearly  as  may  be, 
and  so  far  as  known,  the  name  of  the  owner  or  owners 
of  all  such  lots,  blocks,  parcels  and  pieces  of  real  estate. 
Said  assessment  roll  or  list  shall  be  entitled  "Assess- 
ment Rcjll  of  the  several  lots,  blocks,  pieces  and  parcels 

of  real  estate,  contiguous  to  and  abutting  upon 

boulevard,  made  by  the.  . .  .park  commissioners,  for  the 
purpose  of  levying  a  special  tax  upou  the  real  estate 
abutting  on  said  boulevard,  to  pay  the  cost  of  the  main- 
tenance and  repair  thereof  for  the  year "  Said  as- 
sessment roll  shall  contain  a  column,  headed  "Amount 
of  special  tax  levied  for  maintenance  and  repair,"  and 
in  such  column  shall  be  set  down,  opposite  the  descrip- 
tion of  each  separate  lot,  piece  or  parcel  of  land,  the 
amount  of  special  tax  levied  by  any  such  board  of  park 
commissioners  for  the  purpose  aforesaid,  but  in  no 
event  shall  the  amount  levied  against  each  separate 


124  STATUTES.  ' 

lot,  piece  or  parcel  of  land  aggregate  more  than  twenty- 
five  cents  per  lineal  foot  of  the  lots,  blocks,  pieces  and 
parcels  of  land  so  abutting  upon  such  boulevard  or 
pleasureway  against  which  the  same  shall  be  levied  for 
the  purpose  aforesaid. 

Sec.  3.  Notice— Objections.  After  such  assess- 
ment roll  shall  have  been  completed  by  any  such  board 
of  park  commissioners  they  shall  publish  a  notice  in  a 
daily  newspaper  published  in  the  city  or  town  in  which 
any  such  boulevards,  driveways  or  pleasureways  shall 
be  located,  of  the  time  and  place  when  such  board  of 
park  commissioners  will  meet,  for  the  purpose  of  con- 
firming the  said  special  tax  hereby  authorized  to  be 
levied  for  the  purpose  aforesaid,  and  said  notice  shall 
be  published  for  ten  successive  days  prior  to  the  date 
of  such  meeting  to  be  held  by  such  board  of  park  com- 
missioners for  such  purpose,  and  at  any  such  meeting 
of  any  such  board  of  park  commissioners  for  the  pur- 
pose of  the  confirmation  of  such  special  tax,  any  per- 
son or  persons  interested  may  appear  before  such  board 
of  park  commissioners  and  make  objection  in  writing 
to  said  proposed  special  tax,  and  it  shall  be  the  duty  of 
any  such  board  of  park  commissioners  to  hear  and  de- 
termine the  merits  of  any  and  all  objections  which  may 
be  made  to  the  levy  and  confirmation  of  such  special 
tax,  and  the  finding  and  determination  of  any  such 
board  of  park  commissioners  shall  be  conclusive  on  all 
persons  objecting  to  the  same. 

Sec.  4.  Assessment  Roll  to  be  delivered  to  As- 
sessor— Duty  of  Assessor.  When  such  board  of  park 
commissioners  shall  have  finally  confirmed  any  such 
special  tax,  it  shall  be  the  duty  of  such  park  commis- 


FIELD    MUSEUM.  125 

sioners  to  dul}'  certify  and  transmit  on  or  before  the 
first  day  of  August  in  each  year,  the  separate  assess- 
ment rolls  so  made  and  confirmed,  to  the  Assessor  of 
the  town  in  which  said  boulevard  or  pleasureway  shall 
be  located,  and  upon  the  receipt  by  said  Assessor  of 
such  assessment  roll,  it  shall  be  and  is  hereby  made 
liis  duty  as  such  Assessor,  to  extend  the  amount  as- 
sessed against  each  separate  lot,  piece  or  parcel  of  real 
estate  described  in  said  assessment  roll,  so  made  by 
such  board  of  park  commissioners,  upon  the  general 
assessment  rolls  or  books  made  by  such  As>se«sor,  for 
the  purpose  of  State,  County  and  Municipal  taxaticjn, 
in  a  separate  column  on  said  assessment  rolls  or  books, 
lieaded  "Special  Tax  for  Boulevard  Maintenance;"  and 
when  such  tax  shall  be  so  extended  and  set  down  in 
the  appropriate  column  therefor  by  the  Town  Assessor 
of  any  such  town,  such  special  tax  shall  become  a  spe- 
cific lien  against  each  separate  piece  and  parcel  of  land 
against  whicli  the  same  is  levied,  and  shall  be  payable 
to,  and  collectible  by,  and  in  the  same  manner  and  by 
the  same  officers  as  are  by  law  required  to  collect  and 
enfoi'ce  the  payment  of  State  and  County  taxes. 

FIELD  MUSEUM. 

AN    ACT    CONCERNING    MUSEUMS    IN    PUBLIC    PARKS.     [AP- 
PROVED JUNE  17,  1893.     IN  FORCE  JULY  1,  1893.] 

Section  1.  Museums  in  public  parks— Their  erec- 
tion and  use.  That  the  coi-porate  authorities  of  cities 
and  park  districts  having  the  control  or  supervision  of 
any  public  park  are  hereby  authorized  to  purchase  or 
erect  and  maintain  within  such  public  park,  edifices  to 
be  used  as  museums  for  the  collection  and  display  of 
objects  ]»eitaiiiing  to  natural  history  and  the  arts  an<l 


126  STATUTES. 

sciences,  and  charge  an  admission  fee  to  the  same  not 
exceeding  25  cents  for  each  visitor  over  ten  years  of 
age  and  not  exceeding  10  cents  for  each  visitor  of  ten 
years  of  age  and  under,  the  proceeds  thereof  to  be  de- 
voted to  the  maintenance  of  such  museums :  Provided, 
that  all  such  museums  shall  be  open  to  the  public  with- 
out charge  for  two  days  in  each  week,  and  to  the  chil- 
dren in  actual  attendance  ujwn  any  of  the  schools  in 
this  State  at  all  times:  And  provided,  also,  that  prior 
to  the  iestablishment  of  any  such  museum  this  act  shall 
have  been  submitted  at  an^'^  election  to  the  electors  of 
the  city  or  park  district  proposing  to  establish  the 
same,  and  shall  have  been  adopted  by  a  majority  of  the 
electors  voting  upon  such  proposition  at  the  election 
at  whicli  this  act  is  so  submitted. 

IMPROVEMENTS  BY  SPECIAL  ASSESSMENT. 

AN  ACT  TO  ENABLE  PARK  COMMISSIONERS  OR  PARK  AU- 
THORITIES TO  MAKE  LOCAL  IMPROVEMENTS  AND  PRO- 
VIDE FOR  THE  PAYMENT  THEREFOR.  [APPROVED  JUNE 
24,  1895.     IN  FORCE  JULY  1,  1895.] 

Section  1.  Special  assessments— Special  taxes. 
Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  all  and 
any  boards  of  park  commissioners  or  park  authorities 
now  existing,  or  hereafter  established  for  the  purpose 
of  locating,  establishing,  inclosing,  improving  or  main- 
taining any  public  park,  boulevard,  driveway,  highway 
or  street,  are  hereby  vested  with  power  and  authority 
to  lev}^,  assess  and  collect  special  assessments  or  special 
taxes  on  contiguous  property,  or  general  taxes,  or  both, 
or  otherwise,  for  the  purpose  of  improving  any  boule- 
vard, highway,  driveway  or  street  which  may  be  now 


IMPROVEMENT    BY    SPECIAL    ASSESSMENT.  127 

(»r  may  hereafter  ((une  under  their  (Mnitrol  in  any  man- 
ner whatsoever. 

Sec.  2.  Powers  additional  to  others.  The  pow- 
ei  and  authority  hereby  vested  are  hereby  declared  to 
be  additional  to  and  not  in  limitation  of  any  power  and 
authority  heretofore  vested  in  said  park  commissioners 
or  park  authorities. 

Sec.  3.  Assessment— How  made.  Whenever  any 
such  improvement  shall  be  determined  upon  by  said 
park  commissioners  or  park  authorities,  they  shall  pro- 
vide for  the  same  by  ordinance  to  be  entered  upon  their 
records,  and  they  shall  by  the  same  ordinance  prescribe 
whether  the  same  shall  be  made  by  special  assessment 
or  special  taxation  on  conti<»uous  projyerty,  or  general 
taxation,  or  both,  or  otherwise. 

Sec.  4.  Proceedings.  When  the  ordinance  under 
which  said  improvement  is  ordered  to  be  made  shall 
provide  that  such  improvement  shall  be  made  by  spe- 
cial assessment,  the  proceedings  for  the  making  and 
levying-  of  the  same  shall  be  as  provided  hereinafter  in 
this  act. 

Sec.  5.  Character,  etc.,  of  improvement.  Such 
f)rdinance  providing  for  said  im])rovement  shall  specify 
the  nature,  character,  locality  and  descripti(m  of  such 
improvement. 

Sec.  (>.  Estimate  of  cost.  The  said  park  commis- 
sioners or  park  authorities  shall  make  an  estimate  of 
the  cost  of  the  improvement  contemplated  by  such  or- 
dinance, including  labor,  materials  and  all  other  ex- 
Ijenses  attending  the  same,  and  the  cost  of  making  and 


128  STATUTES. 

levying  the  said  assessment,  and  shall  enter  a  report 
thereof  upon  their  records. 

Sec.  7.  Order  for  proceedings  in  court.  Upon 
such  ordinance  being  passed,  and  said  report  made  and 
recorded  as  aforesaid,  said  park  commissioners  or  park 
authorities  may  order  a  petition  to  be  filed  by  its  secre- 
tary, or  such  other  officer  as  it  may  direct,  in  the  County 
Court  of  their  county,  for  proceedings  to  assess  the 
costs  of  such  improvements  in  the  manner  provided 
herein. 

Sec.  8.  Petition.  Said  petition  shall  be  in  the 
name  of  said  park  commissioners  or  park  authorities 
and  shall  recite  the  ordinance  for  the  proposed  im- 
provement, and  such  report  of  estimate  of  the  cost 
thereof,  and  shall  pray  that  the  cost  of  such  improve- 
ment shall  be  assessed  in  the  manner  i^rovided  by  la^^-. 

Sec.  9.  Assessment.  Upon  the  filing  of  such  peti- 
tion, it  shall  be  the  duty  of  said  commissioners  or  park 
authorities  to  estimate  what  proportion  of  the  total 
cost  of  said  improvement  will  be  of  benefit  to  the  public 
and  what  proportion  thereof  will  be  of  benefit  to  the 
property  to  be  benefited,  and  apportion  the  same  be- 
tween the  district  subject  to  the  maintenance  of  the 
park  or  parks  under  the  control  of  said  commissioners 
or  park  authorities,  so  that  each  shall  bear  its  relative, 
equitable  proi)ortion;  and  having  found  said  amounts, 
to  apportion  and  assess  the  amount  so  found  to  be  of 
benefit  to  the  property  upon  the  several  lots,  blocks, 
tracts  and  parcels  of  land  in  the  proportion  in  which 
they  will  be  severally  benefited  by  such  improvement: 
Provided,  No  lot,  block,  tract  or  parcel  of  land  shall  be 


IMPROVEMENT  BY  SPECIAT.  ASSESSMENT.  129 

assessed  a  greater  amount  than  it  will  be  actually  beiie- 
tited. 

Sec.  10.  Assessment  roll.  The  said  coiuniission- 
ers  or  j)ark  authorities  shall  also  make  or  cause  to  be 
made  an  assessment  roll,  in  which  shall  a])])(^ar  the 
names  of  the  owners,  so  far  as  known,  a  (h'scri])tion  of 
each  lot,  bhxk,  tract  or  ])arcel  of  land,  and  the  amount 
assessed  as  special  b<^netits  thereto,  and  in  which  they 
shall  set  down  as  against  the  said  park  district  the 
amount  they  shall  have  found  as  public  benefit,  and 
they  shall  certify  such  assc^ssment  r(dl  to  the  said  c(nirt 
at  least  ten  days  before  the  tirst  day  of  the  term  at 
which  a  final  hearing  thereon  shall  be  had. 

Sec.  11.  City  special  assessment  law  applicable. 
Tlie  remainder  of  the  lu'oceedings  in  respect  to  such 
special  assessment  shall  be  in  accordance  with  Article 
IX  of  the  act  of  the  General  Assembly  entit  led  "An  Act 
to  provide  for  the  incorporation  of  cities  and  villages," 
ap])roved  April  10, 1872,  and  all  acts  amendatory  there- 
of, so  far  as  the  same  may  be  ai)])licable;  and  all  acts 
]>rovi(hMl  ther3in  to  be  performed  by  the  city  or  village 
shall  be  ])erformed  by  the  said  ])ark  cr)mniissioners  or 
park  authorities,  and  all  acts  ])rovided  therein  to  be 
])erforme(l  by  commissioners  to  be  appointed  by  the 
coni-t  shall  also  be  performed  by  said  park  commis- 
sioners or  park  authorities;  and  wliere  it  is  therein 
provided  that  the  city  council  or  the  board  of  trustees, 
in  case  of  a  village,  shall  be  named  in  any  of  said  pro- 
ce(Mlings  or  notices  or  records  relating  f  hereto,  the  said 
])ark  commissioners  or  park  authorities  shall  be  named 
inst(Nid;  and  like  notices  of  said  proceedings  sluill  be 
given  and  published  by  said  park  commissioners  as  is 
therein  ])rovided,  and  an  affidavit  of  one  or  more  of  said 


130  •         STATUTES. 

park  commissioners  or  park  authorities  of  the  giving 
of  notices,  and  a  certificate  of  p^ublication  of  notice  be 
filed  as  provided  therein,  and  tlie  same  time  shall  be 
allowed  for  the  filing  of  objections  to  the  confirmation 
on  the  part  of  parties  interested. 

Sec.  12.  Hearing.  In  such  proceedings  the  court 
shall  have  the  same  powers  and  authority  as  is  i)ro- 
vided  in  said  Article  IX  for  proceedings  thereunder, 
and  the  hearing  of  the  application  for  the  confirmation 
of  said  assessment  shall  be  had  in  the  same  manner, 
and  appeals  from  any  judgment  entered  thereon  shall 
be  taken  to  the  same  court  and  in  the  same  manner  as 
provided  therein. 

Sec.    13.       Roll   and  judgment  —  How   certified. 

The  said  assessment  roll  and  judgment  thereon  shall 
be  certified  to  the  officer  of  said  park  commissioners 
or  i)ark  authorities  authorized  to  collect  said  special 
assessment  in  the  same  manner  as  is  provided  in  said 
Article  IX;  and  a  like  notice  shall  be  given  by  said 
collector,  and  said  special  assessment  shall  be  collected 
in  the  same  manner  as  provided  therein,  and  a  like  re- 
port of  delinquent  list  made  to  the  general  officer  of 
the  County  authorized  to  collect  State  and  County 
taxes,  made  up  in  the  same  manner  as  provided  therein. 

Sec.  14.  Application  for  judgment— What  laws 
govern.  Said  general  officer  shall  proceed  to  obtain 
judgment  for  said  delinquent  special  assessment  in  the 
same  manner  and  within  and  at  the  same  time  as  is 
provided  in  said  Article  IX,  and  shall  be  governed  by 
the  same  laws  in  respect  thereto  as  is  provided  for 
therein. 


IMPROVEMENT    BY    SPECIAL    ASSESSMENT.  131 

Sec.  15.  Sales.  Sales  of  property  for  impaid  de- 
linquent special  assessments  shall  be  made  in  the  same 
manner  as  provided  by  said  Article  IX,  and  redemp- 
tion from  said  sales  shall  be  made  in  the  same  manner 
and  npon  the  same  terms  and  payment  of  the  same 
rates  as  are  applicable  to  sales  therein  provided  for; 
and  officers  respectively  making  collections  of  said 
special  assessment,  and  making  sales  thereunder,  shall 
be  subject  to  the  same  rules,  regulations,  be  entitled  to 
the  same  compensation  and  subject  to  the  same  penal- 
ties as  is  provided  for  In  said  Article  IX. 

Sec.  16.  Park  Commissioners  may  buy  in.  Park 
Commissioners  or  park  authorities  interested  in  the 
collection  of  any  tax  or  assessment,  may  become  a  pur- 
chaser at  any  sale  of  real  or  personal  property  to  en- 
force the  collection  of  the  same,  and  may,  by  ordinance, 
authorize  and  make  it  the  duty  of  one  or  more  officers, 
to  be  designated  by  them,  to  attend  such  sales  and  bid 
thereat  in  behalf  of  said  park  commissioners  or  park 
authorities. 

Sec.  17.  Supplemental  assessments.  New  spe- 
cial assessments  and  supplemental  special  assessments 
may  be  levied  and  assessed  in  all  cases  where  the  same 
are  or  may  be  authorized  in  said  Article  IX,  and  the  same 
shall  be  levied,  assessed  and  collected  as  is  above  pro- 
vided in  cases  of  original  special  assessments,  and  all 
the  provisioning  of  said  Article  IX  for  said  new  as- 
sessments, and  supplemental  assessments,  shall  apply 
to  such  proceedings  to  be  taken  hereunder. 

Sec.  18.  Contracts.  All  the  provisions  of  said 
Article  IX  in  resi)ect  to  contracts  for  making  any  such 
improvement,  and  for  the  letting  of  such  contracts,  and 
in  respect  to  the  lien  of  said  special  assessments  and 


132  STATUTES. 

as  to  the  collection  by  suit  of  said  special  assessments, 
the  dividing  the  same  into  insttillments,  and  interest 
thereon,  and  the  collection  thereof,  the  payments  there- 
on, the  notice  thereof,  the  confirmation  thereof  and 
the  payment  of  work  done  for  such  improyement, 
vouchers  therefor  and  rights  of  all  parties  thereunder, 
the  disposition  of  surplus  moneys  arising  from  such 
special  assessments,  and  the  payments  for  compensa- 
tion in  condemnation  proceedings  and  advancements 
to  pay  for  private  property  taken  or  damaged  from  the 
general  fund  of  such  city  or  village,  shall  each  and  all 
be  applicable  to  such  proceedings  taken  by  said  park 
commissioners  or  j)ai'k  authorities.     - 

Sec.  19.  Condemnation  proceedings— Special  as- 
sessment. Wherever  any  such  park  commissioners 
or  park  authorities  shall  be  vested  with  power  to  take 
or  damage  private  property  for  any  purpose  whatever, 
and  shall  apply  to  any  court  for  the  purpose  of  making 
just  compensation  therefor,  they  may  file  in  the  same 
proceedings  a  supplemental  petition  praying  for  a  spe- 
cial assessment  for  the  iiurpose  of  raising  the  amount 
necessary  to  pay  the  compensation  and  damages  which 
may  be  or  shall  have  been  awarded  for  the  property 
taken  or  damaged,  with  the  costs  of  the  proceedings; 
and  thereupon  the  court  shall  have  power  to,  and  shall 
proceed  as  in  other  cases  of  special  assessment  provided 
for  in  said  Article  IX,  and  herein:  Provided,  that  all  the 
provisions  of  said  article  in  reference  to  the  payment 
for  lands  to  be  taken  or  damaged,  and  the  hearing  by 
the  court  in  respect  to  said  payment,  and  in  respect 
to  ordering  writs  of  possession  or  in  dismissing  such 
condemnation  proceedings,  shall  be  applicable  in  such 
case. 


IMPROVEMENT  BY  SPECIAL  ASSESSMENT.  133 

Sec.  20.  New  assessments.  Where  in  auy  case 
such  park  board  or  park  authorities  having  authority 
to  improve  any  street  or  streets,  or  parts  thereof,  and 
to  pay  for  the  improvement  thereof  by  special  assess- 
ment, and  said  improvement  shall  have  been  made  or 
partly  completed  and  a  special  assessment  levied  there- 
for shall  have  been  set  aside  by  a  court  of  competent 
jurisdiction,  or  the  provision  in  any  ordinance  for  the 
payment  for  said  improvement  by  special  assessment 
shall  have  failed  or  been  declared  void  by  any  court  of 
competent  jurisdiction,  then,  and  in  any  such  case,  the 
said  park  commissioners  or  park  authorities  are  hereby 
vested  with  power  to  lew,  assess  and  collect  a  new  spe- 
cial assessment  on  property  benefited  by  said  improve- 
ment or  completed  portion  thereof,  in  the  same  manner 
as  in  other  cases,  and  the  lots,  blocks,  tracts  or  parcels 
of  land  found  benefited  by  said  improvement  or  the 
completed  portion  thereof,  shall  each  severally  be  lia- 
ble to  pay  for  said  benefits  to  the  same  extent  and  in 
the  same  proportion  as  in  other  cases:  Provided,  that 
the  provisions  and  all  proceedings  in  respect  to  such 
new  assessments  shall  relate  to  and  bo  in  force  in  all 
cases  in  which  at  the  time  of  the  passage  of  this  act 
work  has  been  completed  or  partially  completed  under 
au}^  special  assessment  proceedings  or  attempted  spe- 
cial assessment  proceedings  heretofore  levied,  or  col- 
lected, or  attempted  to  be  levied  and  collected  by  any 
such  board  of  park  commissioners  or  park  ajithorities; 
And,  provided  further,  that  such  new  assessments  in 
such  cases  shall  be  levied  within  seven  years  from  the 
da<e  of  confirmation  or  attempted  confirmation  of  such 
original  proceedings. 


134  STATUTES. 

Sec.  21.  Proceedings  for  new  assessment.  In 
such  proceedings  for  any  new  assessment  it  shall  be  the 
duty  of  the  said  commissioners  to  credit  on  the  assess- 
ment roll,  at  or  before  filing  the  same  in  court,  all  pay- 
ments that  may  have  been  made  on  any  previous  as- 
sessment, or  installments  thereof,  for  said  improve- 
ment, by,  for,  or  on  account  of  any  lot,  block,  tract  or 
parcel  of  land  assessed  therein,  whether  paid  by  sale 
thereof  or  otherwise;  and  any  objections  to  the  con- 
firmation of  such  assessment  roll  shall  include  objec- 
tions to  the  allowance  of  credits  as  appears  by  said  as- 
sessment roll,  if  any  there  be. 

Sec.  22.  What  ordinance  shall  provide.  When 
the  ordinance  under  which  said  improvements  are  or- 
dered to  be  made  shall  provide  that  such  improvement 
shall  be  made  by  special  taxation  of  contiguous  prop- 
erty, the  same  shall  be  levied,  assessed  and  collected  in 
the  way  provided  in  the  sections  of  this  act  providing 
for  the  mode  of  making,  levying,  assessing  and  collect- 
ing special  assessments. 


LANDS. 

LANDS  TAKEN  FOR  PARK  PURPOSES.     RESOLUTION  PASSED 
MAY  5,  1869. 

U'liereas,  Joliu  M.  Wilson,  George  W.  Gage,  Cliaiin- 
cey  T.  Boweii,  Leverett  B.  Sitlwa}'  aud  Paul  Cornell, 
South  Park  Commissioners,  did,  on  the  fourth  day  of 
May,  A.  D.  1SG9,  personally  examine  the  lands  de- 
scribed in  the  South  Park  Act,  as  modified  by  the  act 
supplemental  to  and  amendatory  of  said  act,  aud  being- 
all  present  at  the  meeting  now  being  held  at  the  olllce 
of  the  Board,  on  this  fifth  day  of  May,  A.  D.  1SG9.  On 
motion  of  George  W.  Gage,  seconded  by  Chauucey  T. 
Bowen,  it  was  unanimously 

Resolved,  that  they  do  now  select  the  lands  desig- 
nated in  said  act,  as  modified  by  said  act  sup])lemental 
and  amendatory  for  said  South  Parks,  said  lauds  being 
described  as  follows: 

"Commencing  at  the  southwest  corner  of  Fifty-first 
street  and  Cottage  Grove  avenue,  running  thence  south, 
along  the  west  side  of  Cottage  Grove  avenue  to  the 
south  line  of  Fiftj-ninth  street;  thence  east  along  the 
south  line  of  Fifty-ninth  street,  to  the  east  line  of  Hyde 
Park  avenue;  thence  north  on  Hyde  Park  avenue  to 
Fifty-sixth  street;  thence  east  along  the  south  line  of 
Fifty-sixth  street  to  Lake  Michigan;  thence  southerly 
along  the  shore  of  the  lake  to  a  point  due  east  of  tlie 
center  of  section  twenty- four  (24),  in  l(>\Misliii»  lliirly- 
eight  (38)  north,  range  fourteen  (14);  thence  west 
through  the  center  of  said  section  twenty-four  (24)  to 
Ilyde  Park  avenue;    thence  north  on  the  east  line  of 


136  LANDS. 

Hyde  Park  avenue  to  the  north  line  of  Sixtieth  street, 
so  called;  thence  west  on  the  north  line  of  Sixtieth 
street,  so  called,  to  Kankakee  avenue;  thence  north  on 
the  east  line  of  Kankakee  avenue  to  Fifty-first  street; 
thence  east  to  a  point  to  the  place  of  beginning. 

Also  a  piece  of  land  commencing-  at  the  nor-theast 
corner  of  Kankakee  avenue  and  Fifty-fifth  street,  run- 
ning thence  west,  a  striij  two  hundred  feet  wide,  south 
of  and  adjoining  the  north  line  of  said  Fifty-fifth 
street,  along  said  Fifty-fifth  street  to  the  line  between 
ranges  thirteen  (13)  and  fourteen  (14)  east;  thence 
north,  east  of  and  adjoining  said  line  a  strip  two  hun- 
dred (200)  feet  wide  to  the  Illinois  &  Michigan  Canal; 

Also  a  parcel  of  land  beginning  at  the  southwest  cor- 
ner of  Douglas  Place  and  Kankakee  avenue,  running 
thence  south  a  strip  of  land  132  feet  wide,  along  the 
west  side  of  said  Kankakee  avenue,  to  a  point  150  feet 
south  of  the  south  line  of  Fifty-first  street; 

Also  a  strip  of  land  commencing  at  the  intersection 
of  Cottage  Grove  avenue  and  Fifty-first  street,  running 
thence  east  100  feet  in  width  on  each  side  of  center 
line  of  Fifty-first  street,  to  a  point  100  feet  east  of  the 
center  line  of  Drexel  avenue; 

Also  a  strip  of  land  extending  north  from  the  inter- 
section of  Fifty-first  street  with  Drexel  avenue,  100 
feet  in  width,  on  each  side  of  the  center  line  of  said 
avenue  to  the  north  line  of  Forty-third  street;  thence 
northerly,  a  strip  of  land  200  feet  in  width,  till  it  meets 
or  intersects  with  Elm  street,  in  Cleaverville ;  thence 
northerly  along  said  Elm  street,  200  feet  in  width,  west 
from  the  east  line  of  said  street  to  its  intersection  with 
Oakland  avenue;  said  lands  situate  in  and  being  a 
part  of  sections  two  (2),  three  (3),  six  (6),  seven  (7),  eleven 


LANDS.  137 

(11),  fourteeu  (14),  sixteen  (16),  seventeen  (17)  and 
eighteen  (18),  the  southeast  quarter  of  section  (10)  and 
all  of  fractional  section  thirteen  (13),  except  the  north 
twenty-four  63-100  acres,  the  northeast  quarter  of  sec- 
tion fifteen  (15);  the  north  half  of  section  twenty- 
four  (21),  in  township  thirty-eight  north,  range  four- 
teen east,  and  parts  of  sections  thirty-one  (31)  and 
thirty-four  (31),  in  township  thirty-nine  (39)  north, 
range  fourteen  (14)   east. 

ALTERATION  IN  BOUNDARY  LINES. 

RESOLUTION  PASSED  MAY  8th,  1872. 

Whereas,  in  the  opinion  of  this  Board,  it  is  desirable 
to  make  certain  alterations  or  changes  in  the  location 
and  boundary  lines  of  the  park  laid  out  and  established 
under  the  provisions  of  the  Act  of  the  General  As- 
sembly of  this  State,  approved  February  24th,  1869, 
entitled  "An  Act  to  provide  for  the  location  and  main- 
tenance of  a  park  for  the  Towns  of  South  Chicago,  Hyde 
Park  and  Lake,"  and  the  Act  amendatory  of  and  sup- 
plementary to  the  first  mentioned  Act,  which  altera- 
tion and  changes  are  severally  as  follows: 

First.  An  alteration  or  change  in  the  boundary 
lines  of  all  that  portion  of  said  park  lying  west  of  a  line 
466  7-10  feet  east  of  and  parallel  to  the  range  line  be- 
tween ranges  13  and  14  east  of  the  third  principal  meri- 
dian. Instead  of  the  lines  heretofore  established,  the 
boundary'  lines  of  all  that  portion  of  the  said  park  lying 
west  of  the  Hue  above  indicated,  shall  be  as  follows: 
Commencing  at  a  point  on  the  north  line  of  Fifty-fifth 
street  466  7-10  feet  east  of  the  range  line  between  ranges 
13  and  14  aforesaid,  running  thence  north  on  a  line 
parallel  to  said  range  line  366  7-10  feet;  running  thence 


138  LANDS. 

west  on  a  line  parallel  to  the  north  line  of  Fifty-fifth 
street,  366  7-10  feet;  running  thence  north  on  a  line 
east  of  and  parallel  to  the  aforesaid  range  line  and  100 
feet  distant  therefrom,  to  the  south  line  of  Egan  ave- 
nue; running  thence  west  along  the  south  line  of  Egan 
avenue  and  the  same  line  extended  west  200  feet;  run- 
ning thence  south  on  a  line  west  of  and  parallel  to  the 
aforesaid  range  line  and  100  feet  distant  therefrom,  to 
a  point  366  7-10  feet  north  of  the  north  line  of  Fifty- 
fifth  street  extended;  running  thence  west  on  a  line 
parallel  to  the  north  line  of  Fifty-fifth  street  extended 
366  7-10  feet;  running  thence  south  on  a  line  parallel 
to  the  aforesaid  range  line  933  4-10  feet;  running  thence 
east  on  a  line  parallel  to  the  north  line  of  Fiftj-fifth 
street  extended  933  4-10  feet ;  running  thence  north  on 
a  line  parallel  to  the  aforesaid  range  line  566  7-10  feet 
to  the  place  of  beginning. 

Second.  In  addition  to  the  land  now  embraced  with- 
in the  park  limits  in  the  south  half  of  section  34,  town- 
ship 39  north  of  range  14,  east  of  the  third  principal 
meridian,  and  in  section  3  and  the  north  half  of  section 
10,  township  38,  north  of  range  14,  east  of  the  third 
principal  meridian,  there  shall  be  annexed  to  and  in- 
cluded within  the  boundaries  of  the  said  park,  all  that 
portion  of  Kankakee  avenue,  now  or  lately  so  called, 
which  lies  between  the  south  line  of  Douglas  Place  and 
the  south  line  of  Fifty-first  street;  and  also  all  that 
portion  of  lots  nine  (9),  ten  (10),  and  eleven  (11),  in  La- 
vinia's  Subdivision  of  the  south  half  of  the  south  half 
of  the  northeast  quarter  of  section  ten  (10),  towushi]) 
38  north,  range  14  east  of  the  third  primnpal  meridian, 
lying  west  of  a  line  drawn  across  said  lots  parallel  to 
the  east  line  of  said  Kankakee  avenue  and  one  hundred 


ALTERATION  IN  BOUNDARY  LINES.  139 

and  fifty  feet  east  of  and  distant  therefrom;  and  also 
all  that  portion  of  Fifty-first  street  lying  south  of  and 
adjoining-  said  last  described  parcel  of  gronnd. 

Third:  In  addition  to  the  lands  now  embraced  with- 
in the  park  limits  lying  sonth  of  Fifty-sixth  street  and 
east  of  the  Illinois  Central  Railroad,  there  shall  be  an- 
nexed to  and  included  within  the  boundaries  of  the  said 
park  a  strip  of  ground  extending  east  from  the  east 
line  of  the  Illinois  Central  Railroad  Company's  "right 
of  wa}^"  fifty  feet  in  width  on  each  side  of  the  center 
line  of  Fifty-seventh  street  to  the  east  line  of  Hyde  Park 
avenue. 

Fourth.  In  addition  to  the  lands  now  embraced 
within  the  park  limits,  lying  at  or  near  the  intersection 
of  Cottage  Grove  avenue  with  Fifty-first  street,  there 
shall  be  annexed  to  and  included  within  the  boundaries 
of  the  said  park,  the  north  half  of  block  nine  (0)  in  Drex- 
el  and  Smith's  subdivisicm  of  the  west  half  of  the  north- 
west quarter  and  the  west  half  of  the  Avest  half  of  the 
southwest  quarter  of  section  eleven  (11),  township  38 
north  of  range  14  east  of  the  third  principal  meridan. 

Fifth.  There  shall  also  be  annexed  and  included 
within  the  boundaries  of  the  said  j)ark  a  strip  of  land 
fifty  (50)  feet  in  width  on  each  side  of  a  line  commenc- 
ing at  the  intersection  of  the  east  line  of  Kankakee 
avenue,  now  or  lately  so  called,  with  the  center  line  of 
Oakwood  avenue  in  the  Town  of  Hyde  Park,  running 
thence  easterly  along  the  center  line  of  said  Oakwood 
aA'enue,  as  the  same  is  laid  out,  to  a  point  directly  op- 
posite the  southeast  corner  of  lot  eleven  (11)  in  block 
one  (1)  in  Cleavorville  addition,  and  running  thence  due 
east  to  Cottage  fJrove  avenue;  also  all  that  part  of  lot 
one  (1)  in  block  four  (4)  in  Oleaverville  addition  lying 


140  LANDS. 

north  of  the  strip  of  land  above  described;  also  all  that 
portion  of  said  Oak  wood  avenue  lying  between  Cottage 
Grove  avenne  and  Kankakee  avenue  aforesaid. 

Therefore,  be  it  Resolved,  That  an  application  be 
made  by  petition  to  the  "Circuit  Court  of  Cook  County" 
pursuant  to  the  provisions  of  the  statute  in  such  case 
made  and  provided  for  an  order  granting  leave  to  the 
said  board  of  South  Park  Commissioners  to  make  the 
several  alterations  and  changes  in  the  location  and 
boundary  lines  of  the  said  park  which  are  above  speci- 
fied, and  empowering  the  said  board  to  acquire  by  pur- 
chase or  condemnation  such  additional  lands  as  the  sev- 
eral alterations  and  changes  aforesaid  shall  render 
necessary.  And  it  is  hereby  directed  that  the  attorneys 
of  the  board  cause  said  application  to  be  made  imme- 
diately and  due  notice  tliereof  to  be  published  accord- 
ing to  law. 


'to 


ORDER   IN   THE  CIRCUIT  COURT. 

ENTERED  OP  RECORD  ON  MAY  20,  1872. 

APPLICATION  OP  THE  SOUTH  PARK  COMMISSIONERS  POR 
LEAVE  TO  MAKE  CERTAIN  ALTERATIONS  OR  CHANGES 
IN  THE  LOCATION  AND  BOUNDARY  LINES  OP  THE  SOUTH 

PARK.  : 

And  now  on  this  twentieth  day  of  May,  A.  D.  1872, 
being  the  first  day  of  the  May  term  of  the  said  Circuit 
Court,  come  the  Board  of  South  Park  Commissioners,  a 
body  politic  and  corporate,  duly  organized  under  the 
laws  of  the  State  of  Illinois,  having  control  and  super- 
vision of  the  public  park  located  and  established  in  the 
towns  of  South  Chicago,  Hyde  Park  and  Lake,  in  said 
County  of  Cook,  pursuant  to  the  provisions  of  the  Act 
of  the  General  Assembly  of  the  State  of  Illinois,  ap- 


ALTERATION  IN  BOUNDARY  LINES.  141 

proved  February  24tli,  A.  D.  18G9,  entitled  "An  Act  to 
provide  for  the  location  and  maintenance  of  a  park 
for  tli'e  towns  of  South  Chicago,  Hyde  Park  and  Lake," 
and  the  Act  approved  April  ICth,  18G9,  amendatory  of 
and  supplementary  to  the  first  mentioned  Act,  and  also 
in  pursuance  of  a  vote  of  the  people  of  said  towns  of 
South  Chicago,  Hyde  Park  and  Lake,  at  an  election 
duly  and  lawfully  held  in  each  of  said  towns  on 
the  fourth  Tuesday  of  March,  A.  D.  18G9,  at  which 
election  a  majority  of  the  legal  voters  of  each  of  said 
towns  voted  in  favor  of  the  said  park  and  of  the  ratifi- 
cation and  adoption  of  the  Act  of  the  General  Assembly 
first  above  mentioned:  and  present  to  the  said  court 
their  petition  in  writing,  therein  and  thereby  praying 
that  an  order  may  be  made  by  the  said  Circuit  Court 
granting  leave  to  said  South  Park  Commissioners  to 
make  certain  alterations  or  changes  in  the  location  and 
boundary  lines  of  the  said  park,  which  alterations  and 
changes  are  therein  particularly  set  forth  and  are  sev- 
erally as  follows: 

First.  An  alteration  or  change  in  the  location  and 
boundary  lines  of  all  that  portion  of  the  said  park  lying- 
west  of  a  line  4GG  7-10  feet  east  of  and  parallel  to  the 
range  line  between  ranges  13  and  14  east  of  the  third 
principal  meridian.  Instead  of  the  lines  heretofore  es- 
tablished, the  boundary  lines  of  all  that  portion  of  the 
said  park  lying  west  of  the  line  above  indicated,  shall 
be  as  follows:  Commencing  at  a  point  on  the  north 
line  of  Fifty-fifth  street  4G6  7-10  feet  east  of  the  range 
line  between  ranges  13  and  14  aforesaid,  running  thence 
north,  on  a  line  parallel  to  the  said  range  line,  366  7-10 
feet,  running  thence  west,  on  a  line  parallel  to  the  north 
line  of  Fifty-fifth  street,  366  7-10  feet;  running  thence 


142  LANDS. 

uortli,  on  a  line  east  of  and  parallel  to  the  aforesaid 
range  line  and  100  feet  distant  therefrom,  to  the  sonth 
line  of  Egan  avenue;  running  thence  west,  along  the 
south  line  of  Egan  avenue  and  the  same  line  extended 
west,  200  feet;  running  thence  south,  on  a  line  west  of 
and  parallel  to  the  aforesaid  range  line,  and  100  feet 
distant  therefrom,  to  a  point  3GG  7-10  feet  north  of  the 
north  line  of  Fifty-fifth  street  extended;  running  thence 
west,  on  a  line  parallel  to  the  north  line  of  Fifty-fifth 
street  extended,  300  7-10  feet;  running  thence  south,  on 
a  line  parallel  to  the  aforesaid  range  line,  933  4-10  feet; 
running  thence  east,  on  a  line  parallel  to  the  north  line 
of  Fifty-fifth  street  extended,  933  4-10  feet;  running 
thence  north,  on  a  line  parallel  to  the  aforesaid  range 
line,  560  7-10  feet  to  the  place  of  beginning. 

Second.  In  addition  to  the  lands  now  embraced 
within  the  park  limits  lying  in  the  south  half  of  sec- 
tion 34,  township  39  north  of  range  14  east  of  the  third 
principal  meridian  and  in  section  3,  and  the  north  half 
of  section  10,  township  38  north  of  range  14  east  of  the 
third  principal  meridian,  there  shall  be  annexed  to  and 
included  within  the  boundaries  of  said  park,  all  that 
portion  of  Kankakee  avenue,  now  or  lately  so-called, 
which  lies  between  the  south  line  of  Douglas  Place  and 
the  south  line  of  Fifty-first  street,  and  also  all  that  por- 
tion of  lots  nine  (9),  ten  (10),  and  eleven  (11),  in  Lavinia's 
subdivision  of  the  south  half  of  the  south  half  of  the 
northeast  quarter  of  section  10,  township  38  north  of 
range  fourteen  east  of  the  third  principal  meridian, 
lying  west  of  a  line  drawn  across  said  lots,  parallel  to 
the  east  line  of  said  Kankakee  avenue  and  also  all  that 
portion  of  Fifty-first  street  lying  south  of  and  adjoining- 
said  last  described  parcel  of  ground. 


ALTERATION  IN   BOUNDARY   LINES.  143 

Third.  In  addition  to  the  lands  now  embraced  within 
the  park  limits  sonth  of  Fift3'-sixth  street  and  east  of 
the  Illinois  Central  Eailroad,  there  shall  be  annexed  to 
and  included  within  the  boundaries  of  the  said  park,  a 
strip  of  ground  extending  east  from  the  east  line  of  the 
Illinois  Central  Railroad  Companj's  "right  of  way"  50 
feet  in  width  on  each  side  of  the  center  line  of  Fift}'^- 
seventh  street  to  the  east  line  of  Hyde  Park  avenue. 

Fourth.  In  addition  to  the  lands  now  embraced 
within  the  park  limits  lying  at  or  near  the  intersection 
of  Cottage  Grove  avenue  with  Fifty-first  street  there 
shall  be  annexed  to  and  included  within  the  boundaries 
of  the  said  park,  the  north  half  of  block  nine  (9)  in 
Drexel  and  Smith's  subdivision  of  the  west  half  of  the 
northwest  quarter  and  the  west  half  of  the  west  half  of 
the  southwest  quarter  of  section  11,  township  38  north 
of  range  14  east  of  the  third  principal  meridian. 

Fifth.  There  shall  also  be  annexed  to  and  included 
within  the  boundaries  of  the  said  park  a  strip  of  land  50 
feet  in  width  on  each  side  of  a  line  commencing  at  the 
intersection  of  the  east  line  of  Kankakee  avenue,  now  or 
lately  so-called,  with  the  center  line  of  Oakwood  ave- 
nue, in  the  town  of  Hyde  Park,  running  thence  easter- 
ly along  the  center  line  of  said  Oakwood  avenue,  as  the 
same  is  now  laid  out,  to  a  point  directly  opposite  to 
the  southeast  corner  of  lot  eleven  in  block  one  in 
Cleaverville  addition  and  running  thence  due  east  to 
Cottage  Grove  avenue;  also  all  that  part  of  lot  one  in 
block  four  in  Cleaverville  addition  l3'iug  north  of  the 
strip  of  land  above  described  and  also  all  that  portion 
of  said  Oakwood  avenue  l^'ing  between  Cottage  Grove 
and  Kankakee  avenue  aforesaid. 

And  it  appearing  to  the  court  that  due  and  legal  no- 


144  LANDS. 

tice  of  the  said  application  has  been  given  by  the  said 
South  Park  Commissioners  by  publication  in  the 
Chicago  Eyening  Journal,  a  newspaper  of  general 
circulation  published  in  the  City  of  Chicago  in 
said  County  of  Cook,  according  to  the  pro- 
visions of  the  statute  in  such  case  made  and 
provided,  and  the  court  having  duly  considered  the  said 
petition,  and  carefully  examined  and  investigated  the 
several  alterations  and  changes  in  the  location  and 
boundary  lines  of  the  said  park  specified  and  prayed  for 
in  the  said  petition;  and  after  hearing  all  persons  inter- 
ested who  appeared  having  come  to  the  conclusion  that 
the  several  alterations  or  changes  in  the  location  and 
boundary  line  of  the  said  park  above  specified  and  set 
forth  would  be  for  the  public  interest,  It  is  therewpon 
considered^  and  ordered  by  said  Courts  no  persons  ap- 
pearing to  object  thereto,  that  leave  be  and  the  same 
is  hereby  granted  to  the  said  South  Park  Commission- 
ers to  make  the  several  alterations  or  changes  in  the 
location  and  boundary  lines  of  the  said  park  prayed  for 
in  the  said  petition  and  hereinbefore  par-ticularly  speci- 
fied and  set  forth. 

And  it  is  further  considered  and  ordered  hy  the  Court 
that  full  power  and  authority  be,  and  the  same  is  here- 
by granted  to  the  said  South  Park  Commissioners  to 
acquire  by  purchase,  or  by  condemnation  under  any 
law  of  the  state  for  acquiring  lands  for  public  use,  all 
such  additional  land  as  shall  be  required  to  make  and 
carry  into  effect  the  several  alterations  or  changes 
aforesaid. 


ALTERATION  IN  BOUNDARY  LINES.  145 

CHANGES  IN  THE  BOUNDARY  LINES  OF  THE  SOUTH  PARKS. 
RESOLUTION  OF  SOUTH  PARK  COMMISSIONERS,  PASSED 
JUNE  28,  1872. 

Resolvied,  That  the  following  alterations  or  changes 
in  the  location  of  the  boundary  lines  of  the  South  Park, 
authorized  by  the  Circuit  Court  of  Cook  County,  upon 
the  petition  of  the  South  Park  Commissioners  presented 
to  said  court  on  the  twentieth  day  of  May,  1872,  be  and 
the  same  are  hereby  adopted,  to-wit: 

First.  In  addition  to  the  lands  now  embraced  with- 
in the  park  limits  lying  in  the  south  half  of  section  34, 
township  39  north,  range  14,  east  of  the  third  principal 
meridian,  and  in  section  3,  and  the  north  half  of  section 
10,  township  38  north;  range  14,  east  of  the  third  princi- 
pal meridian,  there  shall  be  annexed  to  and  included 
within  the  boundaries  of  the  said  park,  all  that  portion 
of  Kankakee  avenue,  now  or  lately  so  called,  which  lies 
between  the  south  line  of  Douglas  Place  and  the  south 
Hue  of  Fifty-first  street,  and  also  all  that  portion  of  l(>ts 
nine  (9),  ten  (10)  and  eleven  (11),  in  Lavinia  &  Co.'s  sub- 
division of  the  south  half  of  the  south  half  of  the  north- 
east quarter  of  section  ten  (10),  township  38  north,  range 
14,  east  of  the  third  principal  meridian,  lying  west  of  a 
line  drawn  across  said  lots  parallel  to  the  east  line  of 
Kankakee  avenue,  and  one  hundred  and  fifty  feet  east  of 
and  distant  therefrom;  and,  also,  all  that  i)ortion  of 
Fifty-first  street,  lying  south  of  and  adjoining  said  last 
described  parcel  of  ground. 

Second.  In  addition  to  the  lands  now  embraced 
within  the  park  limits,  lying  south  of  Fifty-sixth  street 
and  east  of  the  Illinois  Central  Kailroad,  there  shall  be 
annexed  to  and  embraced  within  the  boundaries  of  said 
park,  a  strip  of  gi*ound  extending  east  from  the  east 


146  LANDS. 

line  of  the  Illinois  Central  Kailroad  Company's  "right 
of  way,"  50  feet  in  width  on  eaoh  side  of  the  center  line 
of  Fifty-seventh  street  to  the  east  line  of  Hyde  Park 
avenue. 

Third.  In  addition  to  the  lands  now  embraced  within 
the  park  limits,  lying  at  or  near  the  intersection  of  Cot- 
tage Grove  avenue  with  Fifty-first  street,  there  shall  be 
annexed  to  and  included  within  the  boundaries  of  the 
said  park,  the  north  half  of  block  nine  (9),  in  Drexel  and 
Smith's  subdivision  of  the  west  half  of  the  northwest 
quarter,  and  the  west  half  of  the  west  half  of  the  south- 
west quarter  of  section  11,  township  38  north,  range  14, 
east  of  the  third  principal  meridian. 

Fourth.  There  shall  be  annexed  to  and  included 
within  the  boundaries  of  the  said  park,  a  strip  of  land 
50  feet  in  width  on  each  side  of  a  line  commencing  at 
the  intersection  of  the  east  line  of  Kankakee  avenue, 
now  or  lately  so  called,  with  the  center  line  of  Oakwood 
avenue,  in  the  town  of  Hyde  Park;  running  thence 
easterly  along  the  center  line  of  said  Oakwood  avenue, 
as  the  same  is  now  laid  out,  to  a  point  directly  opposite 
to  the  southeast  corner  of  lot  eleven  (11),  in  block  one 
(1),  in  Cleaverville  addition,  and  running  thence  due 
east  to  Cottage  Grove  avenue:  also  all  that  part  of 
lot  one  (1),  in  block  four  (4),  in  Cleaveiwille  addition, 
lying  north  of  the  strip  of  land  above  described:  and 
also  all  that  portion  of  said  Oakwood  avenue  lying  be- 
tween Cottage  Grove  avenue  and  Kankakee  avenue, 
aforesaid,  and  be  it  further 

Resolved,  that  a  map  showing  the  aforesaid  altera- 
tions or  changes,  be  forthwith  made,  acknowledged  and 
filed  for  record,  in  the  office  of  the  Recorder  of  Deeds 
of  the  County  of  Cook. 


MICHIGAN  AVENUE.  147 

MICHIGAN  AVENUE  AND  THIRTY-FIFTH 
STREET  BOULEVARDS. 

RESOLUTION  OF  THE  SOUTH  PARK  COMMISSIONERS,  PASSED 
JULY  15th,  1879. 

Resolved,  that  the  Board  of  South  Park  Commission- 
ers do  hereby  select  and  take,  in  accordance  with  the 
act  of  the  General  Assembly  of  the  State  of  Illinois, 
entitled,  "An  Act  to  enable  Park  Commissioners  or 
corporate  authorities  to  take,  regulate,  control  and  im- 
prove public  streets  leading  to  public  parks;  to  pay 
for  the  improvement  thereof,  and  in  that  behalf  to  make 
and  collect  a  special  assessment,  or  special  tax  on  con- 
tiguous property,"  approved  and  in  force  April  9th, 
1879;  that  part  of  Michigan  avenue  extending  from  the 
south  line  of  Jackson  streetto  the  south  line  of  Thirty- 
fifth  street,  and  that  part  of  Tliirty-fifth  street  extend- 
ing from  the  east  line  of  Michigan  avenue  to  the  east 
line  of  Grand  boulevard,  in  the  City  of  Chicago,  County 
of  Cook  and  State  of  Illinois,  being  parts  of  connecting 
streets  leading  to  and  connecting  with  the  South  Park, 
the  consent  of  the  corporate  authorities  of  the  City  of 
Chicago  having  been  obtained  and  the  consent  in  writ- 
ing of  the  owners  of  a  majority  of  the  frontage  of  all 
lots  and  lands  abutting  on  said  streets  as  far  as  taken, 
having  been  obtained  jis  r(H]uired  by  said  act. 


148  LANDS.  ;, 

ORDINANCE  GIVING  CONSENT  TO  THE  SOUTH  PARK  COM- 
MISSIONERS, TO  TAKE,  REGULATE,  CONTROL  AND  IM- 
PROVE MICHIGAN  AVENUE  FROM  THE  SOUTH  LINE  OF 
JACKSON  STREET  TO  THE  SOUTH  LINE  OF  THIRTY-FIFTH 
STREET,  AND  THIRTY-FIFTH  STREET  FROM  THE  EAST 
LINE  OF  MICHIGAN  AVENUE  TO  THE  EAST  LINE  OF 
GRAND  BOULEVARD.  [PASSED  AND  IN  FORCE  JUNE  23, 
1879.] 

BE  IT  ORDAINED  BY  THE  CITY  COUNCIL  OF  THE  CITY  OF 
CHICAGO: 

Section  1.  That  Whereas,  the  General  Assembly  has 
passed  a  certain  act  which  Avas  duly  approved  Apt'il  9, 
A.  D.  1879,  and  which,  with  the  title  thereto,  is  in  the 
words  and  figures  following:  (See  Act  of  the  General 
Assembly  approved  April  9th,  A.  D.  1879. 

And  Whereas,  the  Board  of  South  Park  Commission- 
ers are  about  selecting  and  talving  for  the  use  and  pur- 
pose in  the  said  act  mentioned  that  part  of  Michigan 
avenue  extending  from  the  south  line  of  Jackson  street 
to  the  south  line  of  Thirty-fifth  street,  and  that  part  of 
Thirty-fifth  street  extending  from  the  east  line  of  Mich- 
igan avenue  to  the  east  line  of  the  Grand  boulevard, 
and  the  consent  in  writing  of  the  owners  of  a  majority 
of  the  frontage  of  the  lots  and  lands  abutting  on  each 
of  the  said  streets  as  far  as  taken  or  proposed  to  be 
taken  by  said  board  having  been  obtained,  consent  is 
hereby  given  and  granted  to  the  said  Board  of  South 
Park  Commissioners  to  take,  regulate,  control  and  im- 
prove the  before  described  parts  of  Michigan  avenue 
and  Thirty-fifth  street  respectively,  in  manner  and  form 
provided  in  the  said  act  of  the  General  Assembl}^  And 
full  power  and  authority  is  hereby  granted  to  said  Board 
of  Park  Commissioners  to  control,  improve  and  main- 
tain the  parts  of  said  streets  so  to  be  taken  as  afore- 
said for  the  purpose  of  carrying  out  the  provisions  of 


MICHIGAN  AVENUE.  149 

the  said  act  of  the  Geueral  Assembly:  riovidetl,  liow- 
ever,  that  nothing  in  this  ordinance  contained  shall  be 
construed  as  a  waiver  or  relinqnishment  by  or  on  the 
part  of  the  said  city  of  any  of  its  rights  or  powers  in 
relation  to  the  laying  of  Avater  and  gas  mains  and 
pipes  and  the  building  and  repairing  of  sewers,  tun- 
nels and  drains  in  said  streets,  and  the  regulating  of 
openings  for  the  same.  All  powers  which  said  city 
now  has  in  relation  to  water  and  gas  mains,  pipes  and 
sewers  and  their  connections  and  the  regulation  of  the 
same,  and  the  openings  for  the  same  in  the  streets  and 
alleys  of  said  city  being  hereby  expressly  reserved  as 
to  the  said  parts  of  Michigan  avenue  and  Thirty-fifth 
street  in  as  ample  a  manner  as  if  the  aforesaid  consent 
were  not  given.  Amendment,  provided,  that  the  esti- 
mated costs  of  said  first  improvement  shall  include  a 
sum  sufficient  to  lay  a  pavement  of  the  best  quality, 
stone  curbing,  a  permanent  sidewalk  of  uniform  width, 
and  such  shade  trees,  shrubber}^,  additional  lamp  posts, 
and  other  additions  as  may  be  deemed  necessary  to 
make  the  same  in  every  respect  a  thoroughly  finished 
boulevard. 

Sec.  2.  Unless  the  said  Board  of  Park  Commission- 
ers shall  within  thirty  days  from  the  approval  hereof, 
select  and  take  the  said  parts  of  streets  for  the  purposes 
aforesaid,  this  ordinance  shall  cease  to  be  of  any  force 
or  effect,  and  the  consent  given  by  section  (1)  aforesaid 
shall  be  deemed  to  be  withdrawn. 

Sec.  3.  This  ordinance  shall  be  in  force  from  and 
after  its  passage. 


150  LANDS. 

RESOLUTION  OF  THE  SOUTH  PARK  COMMISSIONERS,  PASSED 
DECEMBER  31,  1884, 

Eesolved,  That  this  Board  does  now  select  and  take 
that  part  of  Michigan  avenue  lying  between  the  sonth 
line  of  Thirty-fifth  street  and  the  north  line  of  Fifty- 
fifth  street  for  the  purpose  of  making  the  same  a  boule- 
vard or  driveway,  in  accordance  with  the  laws  of  the 
State  of  Illinois  and  the  ordinances  of  the  City  of  Chi- 
cago and  the  Village  of  Hyde  Park. 


ORDINANCE  GIVING  CONSENT  TO  THE  BOARD  OF  SOUTH 
PARK  COMMISSIONERS  TO  TAKE,  REGULATE,  CONTROL 
AND  IMPROVE  MICHIGAN  AVENUE  FROM  THE  SOUTH 
LINE  OF  THIRTY-FIFTH  STREET  TO  THE  CENTER  LINE 
OF  THIRTY-NINTH  STREET,  PURSUANT  TO  THE  ACT  OF 
THE  GENERAL  ASSEMBLY  PASSED  APRIL  9th,  A.  D.  1879. 
[PASSED  AND  IN  FORCE  OCTOBER  17,  1884.] 

BE  IT  ORDAINED  BY  THE  CITY  COUNCIL  OF  THE  CITY  OF 
CHICAGO: 

Section  1.  That  Whereas  the  General  Assembly  has 
passed  an  act  which  was  duly  approved  April  9,  A.  D. 
1879,  and  which  with  the  title  thereto  is  in  the-  words 
and  figures  following:  (See  act  of  General  Assembly 
approved  April  9,  1879.) 

And  Whereas,  the  Board  of  South  Park  Commission- 
ers are  about  selecting  and  taking  for  the  uses  and  pur- 
poses in  the  said  act  mentioned,  that  part  of  Michigan 
avenue  extending  from  the  south  line  of  Thirty-fifth 
street  to  the  center  line  of  Thirty-ninth  street,  in  the 
City  of  Chicago,  and  a  consent  in  writing  of  a  majority 
of  the  frontage  of  the  lots  and  lands  abutting  on  said 
Michigan  avenue  so  far  as  taken,  or  proposed  to  be 
taken  by  said  board,  having  been  obtained,  and  the 
Village  of  Hyde  Park  having  given  and  granted  con- 


MICHIGAN  AVENUE.  151 

sent  to  said  Board  of  South  Park  Commissioners  to 
take,  regulate  and  control  and  improve  that  part  of 
Michigan  avenue  extending  from  the  center  line  of 
Thirt3'-niuth  street  to  the  north  line  of  Fifty-fifth  street 
or  Garfield  boulevard. 

Now,  therefore,  consent  is  hereby  given  and  granted 
to  this  said  Uoard  of  South Park( Commissioners  to  take, 
regulate,  control  and  imi)rove  the  before  described  part 
of  Michigan  avenue,  located  between  the  south  line  of 
Thirty-fifth  street  and  the  center  line  of  Thirty-ninth 
street,  in  the  City  of  Chicago,  in  manner  and  fonn  pro- 
vided in  this  said  act  of  the  General  Assembly,  for 
the  purpose  of  c(muecting  the  Cit}^  of  Chicago  at  the 
intersection  of  Michigan  avenue  and  Thirtj'-fifth  street 
with  said  Garfield  boulevard. 

Provided,  however,  that  nothing  in  this  ordinance 
contained,  shall  be  construed  as  a  waiver  or  relinquish- 
ment by  or  on  the  part  of  said  city  of  any  of  its  rights 
or  powers  in  relation  to  the  laying  of  water  pipes  or 
gas  mains  and  pipes  and  the  building  and  repairing  of 
sewers  in  said  Michigan  avenue,  and  tie  regulating 
of  openings  for  the  same.  All  powers  which  said 
city  now  has  in  relation  to  water  and  gfis  pipes  and 
sewers  and  their  connections,  and  the  regulation  of  the 
same,  and  the  openings  for  the  same  in  streets  and 
alleys  of  said  c-itj,  being  hereby  expressly  reserved  as 
to  the  said  part  of  Michigan  avenue  in  as  ample  a  man- 
ner as  if  the  aforesaid  consent  were  not  given. 

Provided  that  the  estimated  cost  of  fiaid  first  im- 
provement shall  include  a  sum  sufficient  to  lay  a 
pavement  of  the  best  quality,  stone  curbing,  a  perma- 
nent sidewalk  of  a  uniform  width,  and  such  shade  trees, 
shrubbery,  additional  lamp  posts,  and  other  additions 


152  LANDS. 

as  may  be  deemed  necessary  to  make  the  same  in  every 
respect  a  thoroughly  finished  boulevard. 

Sec.  2.  Unless  the  said  Board  of  South  Park 
Commissioners  shall  within  six  months  from  the  ap- 
proval hereof,  select  and  take  the  said  part  of  Michi- 
gan avenue  for  the  purpose  aforesaid,  this  ordinance 
shall  cease  to  be  of  any  force  or  effect  and  the  consent 
hereby  given  by  section  one  aforesaid  shall  be  deemed 
to  be  withdrawn. 

Sec.  3.  This  ordinance  shall  be  in  force  from  and 
after  its  passage. 


ORDINANCE  GIVING  CONSENT  TO  THE  BOARD  OF  SOUTH 
PARK  COMMISSIONERS  TO  TAKE,  REGULATE,  CONTROL 
AND  IMPROVE  MICHIGAN  AVENUE  FROM  THE  CENTER 
LINE  OF  THIRTY-NINTH  STREET  TO  THE  NORTH  LINE  OF 
FIFTY-FIFTH  STREET,  PURSUANT  TO  THE  ACT  OF  THE 
GENERAL  ASSEMBLY  PASSED  APRIL  9TH,  A.  D.  1879. 
[PASSED  JULY  26,  1884.] 

BE  IT  ORDAINED  BY  THE  PRESIDENT  AND  BOARD  OF  TRUS- 
TEES OF  THE  VILLAGE  OF  HYDE  PARK: 

Section  1.  That  whereas  the  General  Assembly  has 
passed  a  certain  act,  which  was  duly  approved  April 
9th,  A.  D.  1879,  and  which,  with  the  title  thereto,  is  in 
the  words  and  figures  following:  (See  act  of  General 
Assembly,  approved  April  9,  1879.) 

And  whereas  the  Board  of  South  Park  Commission- 
ers are  about  selecting  and  taking  for  the  uses  and  pur- 
poses in  the  said  act  mentioned,  that  part  of  Michigan 
avenue  extending  from  the  center  line  of  Thirty-ninth 
street  to  the  north  line  of  Fifty-fifth  street,  or  Garfield 
boulevard,  and  the  consent  in  writing  of  the  owners  of 
a  majority  of  the  frontage  of  the  lots  and  lauds  abut- 
ting on  said  Michigan  avenue  so  far  as  taken  or  prO' 


MICHIGAN  AVENUE,  153 

posed  to  be  takeu  by  said  board  having  been  obtained, 
consent  is  hereby  given  and  granted  to  the  said  Board 
of  South  Parlv  Commissioners  to  take,  regulate,  control 
and  improve  the  before  described  part  of  Michigan  ave- 
nue in  maimer  and  form  provided  in  the  said  act  of  the 
General  Assembly. 

Provided,  however,  that  nothing  in  this  ordinance 
contained  shall  be  construed  as  a  waiver  or  relinquish- 
ment by  or  on  the  part  of  said  village  of  any  of  its 
rights  or  powers  in  relation  to  the  laying  of  water  or 
gas  mains  and  pipes  and  the  building  and  repairing 
of  sewers  in  said  street  and  the  regulating  of  openings 
for  the  same.  All  powers  which  said  village  now  has 
in  relation  to  water  and  gas  pipes  and  sewers  and  their 
connections  and  the  regulation  of  the  same  and  the 
openings  for  the  same  in  streets  and  alleys  of  said 
village  being  hereby  expressly  reserved  as  to  the  said 
part  of  Michigan  avenue  in  as  ample  a  manner  as  if  the 
aforesaid  consent  were  not  given. 

Provided  that  the  estimated  cost  of  said  first  im- 
provement shall  include  a  sum  sufficient  to  lay  a  pave- 
ment of  the  best  quality,  stone  curbing,  a  permanent 
sidewalk  of  uniform  width,  and  such  shade  trees, 
shrubbery,  additional  lamp  posts,  and  other  additions 
as  may  be  deemed  necessary  to  make  the  same  in  every 
respect  a  thoroughly  finished  boulevard. 

Provided  further,  that  said  Board  of  South  Park 
Commissioners  shall  not  in  any  one  year  make  an  as- 
sessment for  the  improvement  hereby  contemplated  of 
more  than  half  a  mile  in  leng-th  of  said  portion  of  said 
Michigan  avenue,  and  said  improvement  to  be  com- 
menced at  Thirty-ninth  street  and  continued  in  contin- 
uous prder  to  the  south, 


154  LANDS. 

And  provided  further  that  no  improvement  shall  be 
made  on  any  portion  of  said  ayenue  described  herein 
until  the  sewers,  gas  pipes  and  water  pipes  shall  have 
been  constructed  and  laid. 

And  provided  further  that  no  assessment  shall  be 
made  for  the  improvement  of  any  portion  of  said  ave- 
nue south  of  Thirty-ninth  street  until  an  assessment 
shall  have  been  made  for  the  improvement  thereof  be- 
tween Thirty-ninth  and  Thirty-fifth  streets. 

Sec.  2.  Unless  the  said  Board  of  Park  Commission- 
ers shall,  within  six  months  from  the  approval  hereof, 
select  and  take  the  said  part  of  said  street  for  the  pur- 
pose aforesaid,  this  ordinance  shall  cease  to  be  of  any 
force  or  effect,  and  the  consent  hereby  given  by  section 
1  aforesaid  shall  be  deemed  to  be  withdrawn. 

EAST  JACKSON  STREET. 

AN  ORDINANCE  TO  ENABLE  THE  SOUTH  PARK  COMMISSION- 
ERS TO  TAKE,  REGULATE,  CONTROL  AND  IMPROVE  BAST 
JACKSON  STREET,  FROM  THE  EAST  LINE  OP  THE  CHI- 
CAGO RIVER  TO  THE  WEST  LINE  OF  MICHIGAN  AVENUE, 
IN  THE  TOWN  OF  SOUTH  CHICAGO,  IN  THE  CITY  OF  CHI- 
CAGO,  AND   STATE   OF   ILLINOIS.    [PASSED   MAY   18,    1896.] 

BE  IT  ORDAINED  BY  THE  CITY  COUNCIL  OF  THE  CITY  OF 
CHICAGO: 

Section  1.  That,  whereas,  the  General  Assembly  of 
the  State  of  Illinois  has  passed  an  act  entitled  "An 
Act  to  enable  park  commissioners  or  park  authorities 
to  take,  regulate,  control  and  improve  public  streets 
and  to  pay  for  the  improvement  thereof,"  approved 
June  21,  1895,  in  force  July  1,  1895;  and 

Whereas,  The  Board  of  South  Park  Commissioners 
are  about  selecting  and  taking  for  the  uses  and  pur- 
poses in  said  act  mentioned,  that  part  of  East  Jackson 


EAST  JACKSON  STREET.  155 

street  extending  from  the  east  line  of  the  Chicago 
River  to  the  west  line  of  Michigan  avenue,  in  the  Town 
of  South  Chicago,  in  the  City  of  Cliicago: 

Now,  therefore,  the  consent  of  the  corporate  authori- 
ties having  control  of  said  street  be,  and  the  same  is 
hereby  given  and  granted  to  the  said  South  Park  Com- 
missioners to  take,  regulate,  control  and  improve  the 
before  described  part  of  East  Jackson  street,  between 
the  east  line  of  the  Chicago  River  and  the  west  line  of 
Michigan  avenue,  in  the  Town  of  South  Chicago,  in  the 
City  of  Chicago,  in  manner  and  form  provided  in  said 
act  of  the  General  Assembly,  for  the  purpose  of  form- 
ing a  boulevard  connection  between  the  park  system  in 
said  Town  of  South  Chicago  and  the  park  sAstem  in 
the  Town  of  West  Chicago,  both  of  said  i^ark  systems 
being  in  the  City  of  Chicago. 

Sec.  2.  It  is  expressly  provided,  however,  that  while 
the  consent  and  authority  of  the  city  is  hereby  given 
to  said  South  Park  Commissioners  to  take,  regulate, 
control  and  improve  said  street  for  boulevard  purposes, 
said  South  Park  Commissioners  shall  permit,  with 
reasonable  regalation,  the  use  of  said  street  hereinbe- 
fore described  for  trafHic  teaming  on  said  roadway  for 
the  use  and  benefit  of  the  abutting  owners  of  said  prop- 
erty, any  rule,  regulation  or  ordinance  of  said  South 
Park  Commissioners  to  the  contrary  notAvithstanding: 
and,  Provided  further,  that  this  ordinance,  and  the  con- 
sent hereby  given,  is  upon  the  express  condition  prece- 
dent that  said  South  Park  Commissioners,  or  their  suc- 
cessor, or  successors,  shall  never  grant  or  permit  the 
construction  of  any  railroad  track  or  tracks  of  anj^  kind 
in,  along  or  upon  any  part  of  said  street  hereby  granted. 

Sec.  3.    It  is  also  expressly  provided  that  nothing  in 


156  LANDS. 

this  ordinance  contained  sliall  be  construed  as  a  waiver 
or  relinquishment  on  the  part  of  said  city  of  any  of  its 
rights  or  powers  in  relation  to  the  la3dng  of  water  sup- 
ply pipes  and  the  building  and  repairing  of  sewers  and 
the  regulation  of  openings  for  the  same  in  said  East 
Jackson  street. 

All  powers  which  the  city  now  has  in  relation  to 
water  and  gas  pipes  and  sewers  and  their  connections, 
and  the  regulation  of  the  same  and  the  openings  of 
the  same  in  the  streets  and  alleys  in  said  street,  are 
hereby  expressly  resers^ed  to  the  city  as  to  that  part  of 
East  Jackson  street,  in  as  ample  a  manner  as  if  the 
aforesaid  consent  were  not  given. 

And  Provided  further,  that  nothing  in  this  ordinance 
contained  shall  be  construed  as  a  waiver  or  relinquish- 
ment on  the  part  of  said  city  of  any  of  its  rights  in  and 
to  any  of  the  underground  pipes  now  in  said  street. 

Sec.  4.  Unless  said  Board  of  South  Park  Commis- 
sioners shall  within  six  (6)  months  from  the  approval 
hereof,  select,  take  and  accept  said  East  Jackson  street 
in  manner  and  form  as  by  law  provided  and  upon  the 
terms  and  conditions  aforesaid,  then  this  ordinance  to 
be  of  no  force  or  effect,  and  the  consent  hereby  given 
shall  be  deemed  to  be  withdrawn. 

Sec.  5.  This  ordinance  shall  be  in  force  from  and 
after  its  passage. 


EAST  JACKSON  STREET.  157 

AN  ORDINANCE  TO  AMEND  SECTION  ONE  (1)  OF  AN  OR- 
DINANCE ENTITLED  "AN  ORDINANCE  TO  ENABLE  THE 
SOUTH  PARK  COMMISSIONERS  TO  TAKE,  REGULATE,  CON- 
TROL AND  IMPROVE  EAST  JACKSON  STREET,  FROM  THE 
EAST  LINE  OF  THE  CHICAGO  RIVER  TO  THE  WEST  LINE 
OF  MICHIGAN  AVENUE,  IN  THE  TOWN  OF  SOUTH  CHI- 
CAGO, IN  THE  CITY  OF  CHICAGO  AND  STATE  OF  ILLINOIS," 
PASSED  MAY  18TH,  1896.     [PASSED  OCTOBER  19th,  1896.] 

BE  IT  ORDAINED  BY  THE  CITY  COUNCIL  OF  THE  CITY  OF 
CHICAGO: 

Section  1.  That  section  one  (1)  of  an  ordinance  en- 
titled "An  ordinance  to  enable  the  South  Park  Commis- 
sioners to  take,  regulate,  control  and  improve  East 
Jackson  street,  from  the  east  line  of  the  Chicago  Eiver 
to  the  west  line  of  Michigan  avenue,  in  the  Town  of 
South  Chicago,  in  the  City  of  Chicago  and  State  of  Illi- 
nois,'* passed  May  18th,  1890,  be  amended  so  as  to  read 
as  follows,  to  wit: 

Section  1.  That,  whereas,  the  General  Assembly  of 
the  State  of  Illinois  has  passed  an  act  entitled  "An  act 
to  enable  park  commissionei's  or  park  authorities  to 
take,  regulate,  control  and  improve  public  streets  and 
to  pay  for  the  improvement  thereof,"  approved  June  21, 
1895,  in  force  July  1,  1895;  and 

Whereas,  The  Board  of  South  Park  Commissioners 
are  about  selecting  and  taking  for  the  uses  and  pur- 
poses in  said  act  mentioned,  that  part  of  East  Jackson 
street  extending  from  the  east  line  of  the  Chicago  River 
to  the  east  line  of  Michigan  avenue,  in  the  Town  of 
South  Chicago,  in  the  City  of  Chicago: 

Now,  therefore.  The  consent  of  the  corporate  author- 
ities having  control  of  said  street  be  and  the  same  is 
hereby  given  and  granted  to  said  South  Park  Commis- 
sioners to  take,  regulate,  control  and  improve  the  be- 
fore described  part  of  East  Jackson  street,  between  the 


158  LANDS. 

east  line  of  the  Chicago  Kiver  and  the  east  line  of  Mich- 
igan avenue,  in  the  Town  of  South  Chicago,  in  the  City 
of  Chicago,  in  manner  and  form  jjrovided  in  said  act  of 
the  General  Assembly  for  the  purpose  of  forming  a 
boulevard  connection  between  the  park  system  in  the 
Town  of  South  Chicago  and  the  park  system  in  the 
Town  of  West  Chicago,  both  of  said  park  systems  being 
in  the  City  of  Chicago. 

Sec.  2.     This  ordinance  shall  be  in  force  from  and 
after  its  passage. 


AGREEMENT    EXECUTED    BY    DIRECTION    OF    T1IE    SOUTH 
PARK   COMMISSIONERS   AT   ITS   MEETING   ON   NOVEMBER 
.      18TH,  1896. 

In  consideration  of  the  approval  by  the  mayor  of  the 
City  of  Chicago,  concurrently  with  the  execution  and 
delivery  of  this  agreement,  of  an  ordinance  passed  by 
the  City  Council  of  said  city  at  its  meeting  on  the  IGth 
day  of  November,  making  qualified  provision  for  a  free 
supply  of  water  to  the  South  Park  Commissioners  by 
said  city,  it  is  hereby  agreed  by  said  South  Park  Com- 
missioners that  they  will  expend  not  less  than  twenty 
thousand  dollars  (|20,000)  hereafter  in  each  year  from 
the  date  hereof  for  the  maintenance  and  improvement 
of  tliat  portion  of  Jackson  street  in  said  ordinance  men- 
tioned that  at  any  time  hereafter,  when  requested  so  to 
do  by  the  comptroller  of  said  city,  they  will  make  and 
submit  to  said  comptroller  statements  showing  their 
expenditures  from  time  to  time  on  account  of  said  i)or- 
tion  of  said  Jackson  street  that  said  ordinance  shall 
be  considered  binding  and  effectual  against  said  city 
(notwithstanding  the  taking  of  said  Jackson  street  by 
said  South  Park  Commissioners)  only  so  long  as  said 


EAST  JACKSON  STREET.  159 

South  Park  Commissioners  shall  fully  comply  with  the 
terms  of  this  agreement,  and  that  upon  failure  of  said 
South  Park  Commissioners  to  carry  out  this  agreement 
said  city  shall  be  considered  free  to  repeal  or  rescind 
said  ordinance  and  to  discontinue  the  free  supply  of 
water  to  said  South  Park  Commissioners,  and  in  such 
event  said  South  Park  Commissioners  will  not  in  any 
way  resist  such  action  upon  the  part  of  said  city. 

This  agreement  shall  be  delivered  to  the  mayor  of 
said  city  concurrently  with  his  approval  of  said  ordi- 
nance, and  shall  be  fully  binding  and  effectual  against 
said  South  Park  Commissioners  uiwn  such  approval. 


AN  ORDINANCE  SELECTING  AND  TAKING  JACKSON  STREET, 
FROM  THE  EAST  LINE  OP  THE  CHICAGO  RIVER  TO  THE 
EAST  LINE  OF  MICHIGAN  AVENUE,  IN  THE  TOWN  OF 
SOUTH  CHICAGO,  IN  THE  CITY  OF  CHICAGO.  [PASSED  NO- 
VEMBER 18TH,  1896.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That,  whereas,  the  owners  of  a  majority 
of  the  lots  and  lands  abutting  on  Jackson  street  from 
the  east  line  of  the  Chicago  River  to  the  east  line  of 
Michigan  avenue,  in  the  Town  of  South  Chicago,  in  the 
City  of  Chicago,  and  within  the  South  Park  District, 
have  filed  with  the  South  Park  Commissioners  their 
consents  respectively  in  writing,  that  the  South  Park 
Commissioners  may  select  and  take  said  Jackson  street 
from  the  east  line  of  Michigan  avenue  to  the  Cliicago 
River,  in  accordance  with  tlie  statute  in  such  case  made 
and  provided. 

And,  whereas,  the  City  Council  of  the  City  of  Chicago, 
which  is  the  proper  corporate  authority  of  said  City, 
having  control  of  such  street,  has,  b}'  proper  ordinance 


160  LANDS. 

passed  on  the  18th  day  of  May,  1896,  as  amended  by  an 
ordinance  passed  on  the  19th  day  of  October,  1896,  con- 
sented that  the  South  Park  Commissioners  may  select 
and  take  said  Jackson  street  from  the  east  line  of  the 
Chicago  Eiver  to  the  east  line  of  Michigan  avenue,  in 
aecordance  with  the  provisions  of  the  acts  of  the  Legis- 
lature of  the  State  of  Illinois,  upon  the  conditions  in 
said  ordinance  set  forth. 

And,  whereas,  the  City  Council  of  the  City  of  Chicago, 
as  an  inducement  to  the  South  Park  Commissioners  to 
select  and  take  said  part  of  said  Jackson  street,  has  hj 
an  ordinance  duly  passed,  agreed  that  if  the  said  South 
Park  Commissioners  shall  select  and  take  that  part  of 
said  Jackson  street  as  aforesaid,  the  City  of  Chicago 
will  furnish  to  the  South  Park  Commissioners  the 
water  needed  to  be  used  in  connection  with  the  parks 
and  boulevards  under  the  control  of  the  South  Park 
Commissioners,  free  of  expense,  but  subject  to  such 
reasonable  regulations  and  rules  concerning  the  use 
thereof,  as  may  be  provided  from  time  to  time  by  the 
Commissioner  of  Public  Works  of  the  City  of  Chicago. 

Now,  therefore,  Jackson  street  from  the  east  line  of 
the  Chicago  River  to  the  east  line  of  Michigan  avenue, 
in  the  Town  of  South  Chicago,  in  the  City  of  Chicago, 
and  in  the  South  Park  District,  is  hereby  selected  and 
taken  by  the  South  Park  Commissioners,  and  full  power 
and  authority  to  regulate,  control,  improve  and  main- 
tain said  part  of  said  Jackson  street  so  selected  and 
taken  as  aforesaid,  are  hereby  vested  in  and  assumed 
by  the  South  Park  Commissioners;  provided,  however, 
that  the  selection  and  taking  of  the  said  part  of  said 
Jackson  street  is,  nevertheless,  upon  the  terms  and  con- 
ditions set  forth  in  the  said  ordinance  of  the  City  Conn- 


EAST  JACKSON  STREET.  161 

cil  of  the  City  of  Chicago  passed  on  the  18th  day  of 
May,  1896,  and  that  nothing  in  this  ordinance  contained 
shall  be  construed  as  a  waiver  or  relinquishment  by  or 
on  the  part  of  the  City  of  Chicago  of  any  of  its  rights 
or  powers  in  relation  to  the  laying  of  water  mains  and 
pipes  and  connections  therewith,  and  the  construction 
of  sewers  and  drains  in  said  street,  and  the  regulating 
of  openings  for  the  same,  or  the  repair  of  said  water 
mains,  pipes,  sewers  or  drains  in  said  street,  and  all 
powers  that  the  City  of  Chicago  now  has  in  relation 
to  the  water  mains,  pipes  and  sewers  and  their  connec- 
tions, and  all  underground  pipes  now  in  said  street,  and 
the  regulation  of  the  same,  and  the  openings  for  the 
same  in  the  streets  of  said  city,  are  hereby  expressly 
reserved  to  said  City  as  to  that  part  of  said  Jackson 
street  hereinabove  selected  and  taken  by  the  South 
Park  Commissioners. 

Sec.  2.  This  ordinance  shall  be  in  force  from  and 
after  its  passage. 

RESOLUTION,  PASSED  NOVEMBER  18TH,  1896. 

Whereas,  The  South  Park  Commissioners  has,  by 
ordinance  duly  passed  on  this  date,  selected  and  taken 
Jackson  street,  in  the  City  of  Chicago,  from  the  east 
line  of  the  Chicago  River  to  the  east  line  of  Michigan 
avenue,  in  accordance  with  the  ordinance  passed  by  the 
City  Council  of  the  City  of  Chicago,  on  the  eighteenth 
day  of  May,  1896,  as  amended  by  an  ordinance  passed 
on  the  nineteenth  day  of  October,  1896. 

Now,  therefore,  be  it  resolved,  that  the  South  Park 
Commissioners  hereby  accept  that  part  of  said  Jackson 
street  aforesaid  in  accordance  with  said  ordinance 
passed  by  the  City  Council  of  the  City  of  Chicago. 


162  LANDS. 

LAKE  FRONT  PARK. 

AN  ORDINANCE  GRANTING  CONSENT  TO  THE  SOUTH  PARK 
COMMISSIONERS  TO  TAKE,  REGULATE,  CONTROL  AND 
GOVERN  ALL  THAT  PART  OP  THE  LAKE  FRONT  PARK 
LYING  SOUTH  OF  THE  NORTH  LINE  OF  JACKSON  STREET, 
EXTENDED  EAST.     [PASSED  JULY  27TH,  1896.] 

BE  IT  ORDAINED  BY  THE  CITY  COUNCIL  OF  THE  CITY  OF 
CHICAGO: 

Section  1.  That  consent  be,  and  the  same  is  hereby 
given  to  the  South  Park  Commissioners  to  take,  regu- 
late, control  and  govern,  in  the  same  manner  as  it  may 
govern  other  parks  or  boulevards  under  its  control,  all 
that  certain  public  park  situated  in  the  Town  of  South 
Chicago,  in  the  City  of  Chicago,  and  known  as  the  Lake 
Front  Park,  or  Lake  Park,  except,  however,  that  por- 
tion lying  north  of  the  north  line  of  Jackson  street  ex- 
tended on  a  straight  line  east  from  Michigan  avenue  to 
the  Illinois  Central  Railroad  Company's  right  of  way, 
and  west  of  the  right  of  way  of  the  Illinois  Central  Rail- 
road Company,  including  in  the  consent  hereby  given 
all  land  which  may  be  hereafter  reclaimed  adjoining- 
said  park,  and  all  right  and  control  in  and  over  any  re- 
claimed land,  and  any  water  rights  in  connection  with 
the  said  park  which  now  exist,  or  which  may  be  here- 
after provided  under  any  ordinance  or  contract  now  in 
existence.  And  the  said  South  Park  Commissioners 
shall  have  the  right  to  control,  improve  and  maintain 
so  much  of  the  said  pork  as  it  is  hereby  authorized  to 
take. 

Sec.  2.  This  ordinance  is  passed  subject  to  the  pro- 
vision that  all  the  rights  acquired  by  the  Illinois  Cen- 
tral Railroad  Company  under  the  ordinance  passed  by 
the  City  Council  on  the  21st  day  of  October,  1895,  and 
under  the  contract  entered  into  between  the  City  of  Chi- 
cago and  the  Illinois  Central  Railroad  Company,  dated 


LAKE  FRONT  PARK.  163 

the  20th  day  of  November,  1895,  shall  be  respected  by 
the  said  South  Park  Commissioners,  and  all  contracts 
entered  into  by  the  said  Illinois  Central  Railroad  Com- 
pany in  prosecution  of  the  work  to  be  done  by  it,  and  in 
accordance  with  the  said  above  described  agreement 
and  ordinance  prior  to  the  acceptance  of  this  ordinance 
by  the  South  Park  Commissioners  shall  be  respected 
by  the  said  South  Park  Commissioners.  And  the  South 
Park  Commissioners  shall  receive  and  enjo}^  all  rights 
and  benefits  secured  by  said  agreement  and  ordinance 
to  the  City  of  Chicago  so  far  as  the  same  apply  to  those 
parts  of  said  park  thus  taken  by  said  South  Park  Com- 
missioners. 

Sec.  3.  The  City  of  Chicago  hereby  reserves  the  right 
to  lay  and  repair  any  water  main,  sewer  or  electric 
light  conduit  in  the  same  manner  and  to  the  same  ex- 
tent as  it  now  has  authority  to  do  so. 

Sec.  4.  This  ordinance  is  passed  and  the  grants 
therein  contained  are  subject  to  the  further  provision 
and  condition,  to  wit:  That  the  Field  Columbian  Muse- 
um, a  corporation  organized  and  incorporated  under 
the  laws  of  the  State  of  Illinois,  shall  have  the  right 
and  privilege,  and  such  right  and  privilege  are  hereby 
granted,  to  locate,  construct  and  maintain  its  perma- 
nent buildings  and  structures  for  the  use  and  occu- 
pancy of  said  museum  upon  the  public  park  hereinbe- 
fore described  under  section  1  of  this  ordinance;  and 
the  following  described  piece,  part  or  parcel  of  said 
park  is  hereby  designated  and  set  apart  for  such  use 
and  purpose  of  said  Field  Columbian  Museum,  to  wit: 
a  certain  piece  or  parcel  of  land  1,300  feet  in  lengtli  by 
900  feet  in  width,  more  particularly  described  and  lo- 
cated as  follows: — the  west  line  thereof  to  be  225  feet 


164  LANDS. 

east  of  the  present  right  of  way  and  property  of  the 
Illinois  Central  Railroad. 

It  is  further  herein  provided  that  the  said  Field 
Columbian  Museum  may  enter  into  possession  of  said 
piece  or  parcel  of  land  at  any  time  whenever  it  desires 
to  commence  the  construction  of  its  said  buildings  or 
other  improvements  upon  said  premises  and  from  that 
date  to  have  the  exclusive  control  and  right  of  occu- 
pancy of  said  premises,  together  with  all  structures  and 
other  improvements  thereon ;  and  it  is  further  provided 
that  the  public  shall  at  all  times  have  free  and  reason- 
able access  to  said  museum  grounds  over  and  through 
said  park  hereinbefore  described  and  by  the  terms  of 
this  ordinance  transferred  to  said  South  Park  Com- 
mission. 

Sec.  5.  And  be  it  further  ordained  that  in  the  event 
said  South  Park  Commission  shall  decline  to  accept 
said  transfer  of  said  park  as  herein  provided,  then  the 
grant  to  said  Field  Columbian  Museum  with  all  privi- 
leges contained  in  section  4  of  this  ordinance  shall  be 
and  hereby  is  made  perpetual,  and  it  is  hereby  declared 
that  said  piece  or  parcel  of  land  described  in  said  sec- 
tion 4  is  hereby  dedicated  to  the  uses  and  privileges  of 
said  Field  Columbian  Museum  as  in  this  ordinance  ex- 
pressed and  contained. 

Sec.  6.  That  portion  of  the  lake  front  dedicated 
to  the  use  of  the  Field  Columbian  Museum  is  so  dedi- 
cated on  the  express  condition  that  unless  the  work  of 
construction  of  such  museum  shall  be  started  within 
one  year  from  the  passage  of  this  ordinance  said  space 
shall  revert  to  the  South  Park  Commissioners. 

Sec.  7.  All  that  portion  of  said  Lake  Front  Park 
lying  east  of  the  easterly  line  of  the  Illinois  Central 


LAKE  FRONT  PARK.  165 

Railroad  Company's  right  of  way  and  lying  north  of 
the  north  line  of  Monroe  street  extended  to  the  east 
limits  of  said  park  at  the  outer  sea  wall  shall  be  and 
the  same  is  hereby  dedicated  to  the  use  of  the  local 
military  companies  of  the  Illinois  National  Guard  for 
the  purpose  of  parade  grounds  and  a  site  for  armory 
and  other  like  uses  by  said  military  organizations. 

Sec.  8.  Unless  the  said  South  Park  Commissioners 
shall  within  four  months  from  the  passage  of  this  ordi- 
nance accept  the  same  and  take  so  much  of  said  park 
as  consent  is  hereby  given  for,  this  ordinance  shall 
cease  to  be  of  any  force  or  effect  and  the  consent  hereby 
given  shall  be  deemed  to  be  withdrawn. 

Sec.  9.  This  ordinance  shall  be  in  force  from  and 
after  its  passage. 

Which  ordinance,  on  file  in  the  office  of  the  City  Clerk 
of  Chicago  is  endorsed  as  follows: 

"The  ordinance  is  approved  upon  condition  that  the 
South  Park  Commissioners  shall,  in  their  acceptance  of 
said  ordinance  definitely  locate  the  parcel  of  land 
granted  and  dedicated  to  the  Field  Columbian  Museum 
in  section  4  of  this  ordinance,  and  the  acceptance  by 
the  proper  officers  of  said  museum  of  such  location; 
and,  in  the  event  of  the  South  Park  Commissioners  not 
accepting  this  ordinance,  the  parcel  of  land  1,300  feet 
by  900  feet  granted  and  dedicated  to  the  Field  Colum- 
bian Museum  is  to  center  on  Congress  Street  extended ; 
and  upon  the  further  condition  that  the  South  Park 
Commissioners  accept  East  Jackson  street  as  per  ordi- 
nance passed  by  the  City  Council  of  the  City  of  Chicago 
under  date  of  May  18th,  1896.* 

(Signed)  GEO.  B.  SWIFT, 

Chicago,  August  1st,  189G.  Mayor." 

*This  ordinance  having  been  passed  by  the  City  Council  on  July 
27th,  1896,  and  having  not  been  vetoed  by  the  Mayor  at  the  next  regu- 
lar meeting  of  the  Council,  which  was  held  on  September  14th, 
1896,  thereupon  became  a  valid  ordinance.  The  foregoing  approval 
is  not  considered  valid. 


166  LANDS. 

ORDINANCE  TAKING  UNDER  THE  CONTROL  OF  THE  SOUTH 
PARK  COMMISSIONERS  A  PART  OP  LAKE  PARK  IN  THE 
CITY  OF  CHICAGO.     [PASSED  NOVEMBER  27TH,  1896.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That,  whereas,  the  owners  of  a  majority 
of  the  frontage  of  the  lots  and  lands  abutting  on  Lake 
Park,  otherwise  known  as  Lake  Front  Park,  in  the 
Town  of  South  Chicago,  in  the  City  of  Chicago,  and 
within  the  South  Park  District,  and  also  the  owners 
of  a  majority  of  the  frontage  of  the  lots  and  lands  abut- 
ting upon  that  part  of  the  said  Lake  Park,  described 
as  all  of  said  Lake  Park  except  that  portion  lying 
north  of  the  north  line  of  Jackson  street  extended  on 
a  straight  line  east  from  Michigan  avenue  to  the  Illi- 
nois Central  Railroad  Company's  right  of  way,  and  west 
of  the  right  of  way  of  the  Illinois  Central  Railroad 
Company,  have  filed  with  the  South  Park  Commission- 
ers, their  respective  consents  in  writing  that  the  South 
Park  Commissioners  may  take  under  its  control,  and 
regulate,  control  and  govern  in  the  same  manner  as  it 
may  govern  other  parks  under  its  control,  the  said 
Lake  Park  or  any  part  thereof. 

And,  whereas,  the  said  Lake  Park,  otherwise  known 
as  Lake  Front  Park,  is  a  public  park  under  the  control 
or  jurisdiction  of  the  City  of  Chicago. 

And,  whereas,  the  City  Council  of  the  City  of  Chi- 
cago, which  is  the  proper  corporate  authority  of  said 
city  having  control  of  said  Lake  Park,  has  by  an  ordi- 
nance passed  on  the  27th  day  of  July,  1896,  consented 
that  the  South  Park  Commissioners  may  take,  regulate, 
control  and  govern,  in  the  same  manner  as  it  may  gov- 
ern other  parks  or  boulevards  under  its  control,  all  of 
said  public  park,  known  as  the  Lake  Front  Park  or 


LAKE  FRONT  PARK.  167 

Lake  Park,  except,  however,  that  portion  lying  uortli 
of  the  north  line  of  Jackson  street  extended  on  a 
straight  line  east  from  Michigan  avenue  to  the  Illinois 
Central  Eailroad  Company's  right  of  way  and  west  of 
the  right  of  way  of  the  Illinois  Central  Railroad  Com- 
pany, including,  as  is  set  out  in  said  ordinance,  in  the 
consent  thereby  given,  all  land  which  may  be  there- 
after reclaimed  adjoining  the  said  park,  and  all  right 
and  control  in  and  over  any  reclaimed  land,  and  any 
water  rights  in  connection  with  the  said  park  which 
then  existed,  or  which  might  be  thereafter  provided 
under  any  ordinance  or  contract  then  in  existence. 

Now,  therefore,  all  that  certain  public  park  situated 
in  the  Town  of  South  Chicago,  in  the  Cit}^  of  Chicago, 
and  within  the  Soutli  Park  District,  and  known  as  the 
Lake  Front  Park  or  Lake  Park,  except,  however,  that 
portion  lying  north  of  the  north  line  of  Jackson  street 
extended  on  a  straight  line  east  from  Michigan  avenue 
to  the  Illinois  Central  Railroad  Company's  right  of 
way,  and  west  of  the  right  of  way  of  the  Illinois  Central 
Railroad  Company,  including  all  laud  which  may  be 
hereafter  reclaimed  adjoining  said  park,  and  all  right 
and  control  in  and  over  anj'  reclaimed  land,  and  any 
water  rights  in  connection  with  the  said  park  which 
now  exist  or  which  may  be  hereafter  provided  under 
any  ordinance  or  contract  now  in  existence,  is  hereby 
taken  under  tlie  control  of  the  South  Park  Commission- 
ers, and  full  power  and  authority  to  regulate,  control, 
govern,  improve  and  maintain  said  part  of  said  Lake 
Park  so  taken  as  aforesaid,  are  hereby  vested  in  and 
assumed  by  the  South  Park  Commissioners:  Provided, 
however,  that  the  taking  under  control  of  tlie  said  part 
of  said  park  is  nevertheless  subject  to  all  of  the  legal 


168  LANDS. 

provisions,  eonditions  and  reservations  set  forth  in  the 
said  ordinance  passed  by  the  City  Council  of  the  City 
of  Chicago  on  the  27th  day  of  July,  1896..  And  the 
South  Park  Commissioners  hereby  accept  all  rights 
and  benefits  secured  to  the  City  of  Chicago,  under  a 
contract  entered  into  between  the  City  of  Chicago  and 
the  Illinois  Central  Railroad  Company,  dated  the  20th 
day  of  November,  1895,  and  an  ordinance  passed  by 
the  City  Council  of  the  City  of  Chicago  on  the  21st  day 
of  October,  1895,  so  far  as  the  same  applies  to  those 
parts  of  said  park  thus  taken  by  the  South  Park  Com- 
missioners. And,  provided  further,  that  the  South 
Park  Commissioners  does  not  by  the  filing  of  said  con- 
sents of  said  property  owners  waive  any  of  its  legal 
rights  in  regard  to  the  said  part  of  said  park  so  taken 
and  the  control  and  government  thereof  which  it  would 
otherwise  have. 

Sec.  2.     This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


MISCELLANEOUS  OEDINANCES, 

RESOLUTIONS 

AND   COMMUNICATIONS. 

ATCHISON,  TOPEKA  &  SANTA  FE  RAILKOAD. 

ORDINANCE  GRANTING  RIGHT  TO  ATCHISON,  TOPEKA  & 
SANTA  FE  RAILROAD  COMPANY  IN  CHICAGO  TO  CROSS 
WESTERN  AVENUE  BOULEVARD.  [PASSED  OCTOBER  12, 
1887.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  permission  and  authority  be  and 
the  same  is  hereby  granted  to  tlie  Atchison,  Topeka  & 
Santa  Fe  Railroad  Company  in  Chicago  to  lay  down, 
oj)erate  and  maintain  a  double-track  railway  across  the 
Western  Avenue  boulevard  in  the  Town  of  Lake,  Cook 
County,  Illinois,  in  the  manner  and  subject  to  the  pro- 
visions and  restrictions  hereinafter  contained. 

Sec.  2.  The  north  rail  of  the  said  tracks  shall  be  laid 
as  nearly  as  practicable  parallel  to  and  not  more  than 
twelve  feet  south  of  the  south  line  of  Forty-ninth  street 
as  the  same  crosses  said  boulevard;  the  south  rail  of 
said  tracks  shall  be  laid  parallel  to  and  not  more  than 
twenty-two  feet  south  of  said  north  rail;  and  the  said 
tracks  shall  be  laid  under  the  supervision  and  direc- 
tion of  the  Superintendent  of  the  South  Park  Commis- 
sioners. 

Sec.  3.  The  said  railroad  company  shall  plank  and 
keep  in  constant  repair  the  spaces  between  said  tracks 
to  the  full  width  of  said  boulevard. 

Sec.  4.  The  said  railroad  company  shall,  whenever 
so  directed  by  the  South  Park  Commissioners,  keep  and 


170  MISCELLANEOUS  ORDINANCES. 

maintain  a  flagman  at  such  crossing  of  said  boulevard 
or  shall  construct  and  maintain  gates  thereat,  as  shall 
be  required  by  the  South  Park  Commissioners;  and 
shall  also  use  and  maintain  such  other  means  in  use 
by  railway  companies  as  shall  from  time  to  time  be 
directed  by  said  South  Park  Commissioners  to  insure 
the  safety  of  persons  using  said  boulevard. 

Sec.  5.  The  said  railroad  company  shall  at  no  time 
and  under  no  circumstances  permit  any  of  its  cars  or 
locomotives  to  stand  upon  said  tracks  to  the  obstruc- 
tion of  travel  upon  said  boulevard,  or  any  part  thereof. 

Sec.  6.  The  permission,  authority  and  privileges 
hereby  granted  are  upon  the  further  express  condition 
that  the  said  railroad  company,  whenever  so  directed 
by  the  South  Park  Commissioners,  in  compliance  with 
any  general  order  in  regard  to  tiie  construction  of  via- 
ducts and  the  lowering  of  the  tracks  crossing  the  boule- 
vards under  the  control  of  said  South  Park  Commis- 
sioners in  any  particular  district,  shall  construct  and 
maintain  a  viaduct  over  said  boulevard  and  railway 
crossing,  and  shall  lower  the  said  tracks  in  the  man- 
ner required  by  the  said  South  Park  Commissioners. 

Sec.  7.  The  privileges  hereby  granted  are  upon  the 
further  express  condition  that  said  railroad  company 
shall  at  all  times  comply  with  and  be  subject  to  all  gen- 
eral and  speciail  ordinances  of  said  South  Park  Com- 
missioners, now  in  force  or  which  may  hereafter  be 
passed  concerning  the  use  and  occupation  of  streets 
and  boulevards  and  the  running  and  operating  of  cars 
thereon  or  across  the  same  by  railway  companies,  so 
far  as  the  same  apply  or  relate  to  the  privileges  hereby- 
granted. 

Sec.  8.    The  permission  and  authority  hereby  granted 


A.  T.  &  S.  F.  R.  R.  COMPANY.  171 

are  upon  the  further  express  condition  that  the  said 
railroad  company  shall  forever  indemnify  and  save 
harmless  the  said  South  Park  Commissioners  from  any 
and  all  legal  actions,  damages,  decrees  and  the  costs 
and  expenses  of  the  same  which  may  be  recovered  or 
obtained  against  the  South  Park  Commissioners  for  or 
by  reason  of,  or  growing  out  of,  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  con- 
nected therewith,  or  by  the  exercise  by  the  company  of 
the  privileges  hereby  granted,  or  from  any  act  or  acts 
of  said  company  under  or  by  virtue  of  this  ordinance. 

Sec.  9.  Should  the  said  company  at  any  time  fail  to 
comply  w^ith  the  conditions  and  provisions  of  this  ordi- 
nance, or  any  of  them,  or  with  the  general  ordinances 
of  the  South  Park  Commissioners,  the  said  South  Park 
Commissioners  may  order  said  tracks  to  be  taken  up 
and  removed  by  said  company  and  on  its  failure  so  to 
do  within  ten  days  after  notice  of  such  order,  may 
cause  the  same  to  be  taken  up  and  removed  at  the  ex- 
pense of  the  said  company. 

Sec.  10.  All  the  provisions  of  this  ordinance  shall 
be  equally  binding  upon  the  said  railroad  company,  its 
successors,  assigns  and  lessees. 

Sec.  11.  This  ordinance  shall  be  in  force  only  from 
and  after  the  written  acceptance  of  the  same  and  its 
provisions  by  the  said  Atchison,  Topeka  &  Santa  Fe 
Railroad  Company,  in  Chicago  duly  signed  and  under 
its  corporate  seal,  shall  be  filed  with  the  secretary  of 
the  South  Park  Commissioners.  Unless  such  accept- 
ance be  so  filed  within  thirty  days  of  the  time  of  the 
passage  hereof  this  ordinance  shall  be  null  and  void. 


BONDS. 

ORDINANCE  TO  ISSUE  BONDS.     [PASSED  JANUARY  14,  1891.] 

Whereas,  The  General  Assembly  of  the  State  of  Illi- 
nois passed  an  act  entitled,  "An  act  in  relation  to  the 
World's  Columbian  Exposition,"  approved  August  5, 
1890,  the  third  and  fourth  sections  of  which  are  as  fol- 
lows: 

Section  3.  In  case  the  site  or  sites  for  the  holding 
of  the  said  World's  Columbian  Exposition,  as  finally  lo- 
cated and  fixed  by  the  authorities  in  charge  thereof, 
shall  include  the  whole  or  any  part  of  any  public  park 
which  is,  or  may  be,  under  the  control  and  management 
of  park  commissioners,  then  and  in  that  event  it  shall 
be  competent,  and  express  authority  for  that  purpose 
is  hereby  granted  to  the  park  commissioners  having 
the  control  and  management  of  such  public  park  to 
allow  the  use  of  the  same  or  any  part  thereof,  for  tlie 
purposes  of  said  World's  Columbian  Exposition,  upon 
such  terms  and  conditions  as  may  be  agreed  upon  be- 
tween the  said  park  commissioners  and  the  authorities 
having  the  management  of  said  exposition. 

Sec.  4.  The  said  park  commissioners  in  charge  of 
the  public  grounds  or  any  part  thereof,  designated  and 
selected  as  the  site  of  the  whole  or  part  of  the  said 
exposition  by  the  authorities  in  charge  thereof,  shall 
have  and  are  hereby  invested  with  full  power  and 
authority  in  their  discretion  to  issue  and  sell  interest- 
bearing  bonds  to  an  amount  not  exceeding  five  hundred 
thousand  dollars,  the  proceeds  of  said  bonds  so  issued 


BONDS.  173 

to  be  used  and  applied  in  improving  the  grounds  under 
their  control,  selected  as  aforesaid  for  the  use  of  said 
exposition,  and  authority  is  hereby  expressly  granted 
to  the  park  commissioners  issuing  said  bonds  to  levy 
and  collect  a  direct  annual  tax  upon  the  property 
within  their  jurisdiction  sufficient  to  pay  the  interest 
on  said  bonds  as  it  falls  due,  and  also  to  pay  and  dis- 
charge the  principal  thereof,  within  twenty  years  from 
the  date  of  issuing  said  bonds.  All  improvements  made 
by  the  proceeds  of  said  bonds  shall  become  a  part  of  the 
public  property,  to  be  held  and  controlled  by  the  park 
commissioners  issuing  said  bonds.  But  the  power  here- 
in granted,  shall  not  be  exercised  until  the  proposition 
to  issue  such  bonds  shall  have  been  submitted  to  a  vote 
of  the  legal  voters  of  such  park  district,  and  receive 
a  majority  of  the  votes  cast  upon  that  proposition  at 
such  election.  Public  notice  of  the  time  and  places  for 
holding  such  election  shall  be  given  by  the  park  com- 
missioners of  such  district  not  less  than  twenty  (20) 
days  before  the  day  appointed  therefor,  by  publication 
in  some  newspaper  of  general  circulation  in  said  dis- 
trict, and  by  posting  the  same  in  at  least  ten  of  the  most 
public  places  in  said  district,  and  the  ballots  shall  read 
"For  issuing  the  bonds,"  or  "Against  issuing  the 
bonds."  The  said  election  shall  be  held  and  the  ballots 
cast  shall  be  counted,  and  the  returns  thereof  be  can- 
vassed, by  the  same  officers  and  in  the  same  manner 
as  in  the  case  of  election  of  county  officers  within  said 
district. 

And,  whereas,  the  site  for  holding  the  said  World's 
Columbian  Exposition,  as  finally  located  and  fixed  b^- 
the  authorities  in  charg?  thereof,  includes  Washington 
Park,  Jackson  Park,  and  the  Midway  Plaisance,  public 


174  MISCELLANEOUS  ORDINANCES. 

grounds  which  are  under  the  control  and  management 
of  the  South  Park  Commissioners; 

And,  whereas,  the  South  Park  Commissioners  in 
charge  of  the  said  public  grounds  designated  and  se- 
lected as  aforesaid  as  the  site  of  a  part  of  the  said  expo- 
sition by  the  authorities  in  charge  thereof,  have  allowed 
the  use  of  the  same  for  the  purposes  of  said  World's 
Columbian  Exposition  upon  the  terms  and  conditions 
which  have  been  agreed  uijon  between  the  said  South 
Park  Commissioners  and  the  authorities  having  the 
management  of  said  exposition: 

And,  whereas,  a  proposition  to  issue  the  bonds  re- 
ferred to  in  said  section  4  of  the  act  above  mentioned 
was  submitted  to  a  vote  of  the  legal  voters  of  the  park 
district,  consisting  of  the  Towns  of  South  Chicago, 
Hyde  Park  and  Lake,  at  an  election  held  therein  on  the 
fourth  day  of  November,  A.  D.  1890,  in  the  manner  and 
after  giving  the  public  notice  of  the  time  and  places  of 
holding  such  election  prescribed  in  said  section: 

And,  whereas,  the  said  proposition  received  a  major- 
ity of  the  votes  cast  upon  that  proposition  at  such  elec- 
tion; 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  interest  bearing  coupon  bonds  to 
the  amount  of  five  hundred  thousand  dollars  be  issued 
by  the  South  Park  Commissioners,  each  of  said  bonds 
to  be  for  the  sum  of  one  thousand  dollars,  bearing 
date  on  the  first  day  of  February,  A.  D.  1891,  to  be  pay- 
able twenty  years  after  the  date  thereof,  and  to  bear 
interest  at  the  rate  of  five  per  cent,  per  annum  from  the 
date  thereof,  said  interest  to  be  payable  semi-annually, 
on  the  first  day  of  August  and  the  first  day  of  Febru- 
ary in  each  and  every  year  on  the  presentation  and 


BONDS.  175 

surrender  of  the  proper  interest  coupons,  forty  of 
wliicli  coupons  to  evidence  such  interest  shall  be  at- 
tached to  each  of  said  bonds;  said  bonds  to  be  num- 
bered consecutively  from  and  including;  number  one 
uj)  to  and  including  number  five  hundred;  and  the  pnn- 
cipal  and  interest  of  said  bonds  to  be  payable  at  the 
Chicago  National  Bank,  in  the  City  of  Chicago,  State 
of  Illinois.  Each  of  said  bonds  shall  pass  by  delivery 
or  may  be  registered  at  the  office  of  the  secretary  of  the 
South  Park  Commissioners,  in  the  City  of  Chicago, 
State  of  Illinois;  and  after  such  registration  of  owner- 
ship, certified  on  said  bond  by  the  said  secretary,  no 
transfer  shall  be  valid  except  on  the  transfer  books 
kept  for  that  purpose  by  the  said  secretary,  unless  the 
last  transfer  shall  be  to  bearer,  which  shall  restore 
transferability  by  deliver}^;  but  each  of  said  bonds 
shall  be  subject  to  successive  registrations  and  trans- 
fers to  bearer  at  the  option  of  each  holder. 

Sec.  2.  Said  bonds  shall  be  executed  under  the 
seal  of  the  South  Park  Commissioners  and  shall  be 
signed  by  the  said  South  Park  Commissioners  and 
countersigned  by  the  secretary,  and  shall  be  sold  at 
not  less  than  par  and  accrued  interest;  provided,  how- 
ever, that  if  any  of  such  bonds  shall  not  be  sold  until 
after  maturity  of  any  of  the  interest  coupons  thereto 
attached,  said  matured  interest  coupons  shall  be 
cut  off  and  canceled  before  delivery,  and  such  bonds 
may  be  sold  for  not  less  than  par,  and  the  interest  ac- 
crued on  the  next  interest  coupon  becoming  payable 
after  such  delivery. 

Sec.  3.  The  proceeds  arising  from  the  sale  of 
such  bonds  so  issued  shall  be  used  and  applied  in  im- 
proving the  grounds  under  the  control  of  the  South 


176  MISCELLANEOUS  ORDINANCES.  i 

Park  Commissioners  selected  as  aforesaid  for  tlie  use 
of  said  exposition. 

Sec.  4.  A  direct  annual  tax  shall  be  levied  and 
collected  upon  the  property  within  the  jurisdiction  of 
the  South  Park  Commissioners,  sufficient  to  pay  the  in- 
terest on  said  bonds  as  it  falls  due,  and  also  pay  the 
principal  thereof  within  twenty  years  from  the  date 
of  issuing  said  bonds;  and,  to  that  end,  the  South 
Park  Commissioners  shall  levy  in  each  year  a  direct 
annual  tax  sufficient  to  pay  the  annual  interest  on  said 
bonds,  and  also  to  pay  the  proper  proportion  of  the 
principal  thereof,  and  the  proceeds  of  such  annual  tax, 
after  deducting  the  amount  necessary  to  pay  such  an- 
nual interest,  shall  be  set  apart  and  applied  by  said 
South  Park  Commissioners  to  the  purchase  of  bonds 
issued  in  accordance  with  the  provisions  of  this  ordi- 
nance, if  the  same  can  be  obtained  at  par  and  accrued 
interest;  and  if  the  said  South  Park  Commissioners  can- 
not obtain  said  bonds,  or  sufficient  of  them  at  said 
price  to  absorb  said  sum  so  set  apart,  then  from  the 
outstanding  bonds  issued  in  accordance  with  the  pro- 
visions of  this  ordinance  there  shall  be  selected  by  lot 
so  many  thereof  as  may  be  required  to  absorb  the  sam 
so  set  apart  for  a  sinking  fund.  The  said  selection 
shall  be  made  by  the  said  South  Park  Commissioners  at 
the  end  of  each  successive  year,  after  the  date  of  said 
bonds,  or  within  one  month  thereof,  in  the  presence 
of  one  of  the  Judges  of  the  Circuit  Court  of  Cook  Coun- 
ty, Illinois,  who,  with  said  corporate  authorities,  shall 
make  and  sign  a  certificate  of  the  result  thereof,  which 
certificate  shall  be  filed  with  the  secretary.  Notice 
of  such  selection  and  of  the  numbers  of  the  bonds  so 
selected  shall  be  forthwith  given  by  the  secretary  in 


BONDS.  177 

oue  or  more  newspapers  published  in  the  said  City  of 
Chicago;  and,  if  said  bonds  so  selected  shall  be  regis- 
tered, notice  shall  also  be  sent  by  mail  to  the  address 
of  the  owners  thereof,  if  shown  upon  the  transfer  books 
kept  by  the  secretary.  The  interest  on  the  bonds  se- 
lected by  lot,  as  aforesaid,  for  redemption  shall  cease 
from  and  after  the  time  when  the  semi-annual  interest 
on  the  same  shall  fall  due  next  after  the  said  selection 
is  made.  From  the  sum  so  set  apart  for  a  sinking  fund 
there  shall  be  paid  the  bonds  so  selected,  as  aforesaid, 
with  interest  until  payment,  or  until  the  same  shall 
cease,  as  aforesaid.  The  sum  so  set  apart  for  a  sinking 
fund  shall  not  be  used  for  any  other  purpose  except  for 
paying  for  bonds  purchased  and  redeeming  bonds  se- 
lected, as  aforesaid.  All  bonds  purchased  or  redeemed 
under  the  provisions  of  this  section  shall  be  canceled, 
and  a  certificate  thereof  stating  the  number,  date  and 
amount  of  said  canceled  bonds  shall,  from  time  to  time, 
be  made  by  said  corporate  authorities  and  filed  with 
the  secretary. 

Sec.  5.  The  credit  of  the  South  Park  Commissioners 
is  irrevocably  pledged  to  the  payment  of  all  of  said 
bonds  and  the  interest  thereon. 

Sec.  6.     The  form  of  said  bonds  shall  be  as  follow^s: 

UNITED   STATES   OF  A^IERICA, 
State  of  Illinois, 
CHICAGO  SOUTH  PARK  BOND. 

KNOW  ALL  MEN  BY  THESE  PRESENTS: 

That  the  South  Park  Commissioners,  a  public  munici- 
pal cori>oration  of  the  State  of  Illinois,  acknowledges 
itself  to  owe  and  promises  to  pay  unto  the  bearer  here- 


178  MISCELLANEOUS  ORDINANCES. 

of  the  sum  of  One  Thousand  Dollars,  in  lawful  money 
of  the  United  States  of  America,  on  the  first  day  of 
February,  in  the  year  one  thousand  nine  hundred  and 
eleven,  at  the  Chicago  National  Bank  in  the  City  of 
Chicago,  with  interest  at  the  rate  of  five  per  cent,  per 
annum,  payable  semi-annually  on  the  first  days  of 
August  and  February  in  each  year  on  the  presentation 
and  surrender  of  the  annexed  coupons  as  they  sever- 
ally mature.  This  bond  is  one  of  a  series  of  bonds  of 
like  amount,  tenor  and  effect,  and  numbered  consecu- 
tively from  and  including  number  one  up  to  and  in- 
cluding number  five  hundred,  issued  by  the  South 
Park  Commissioners  by  authority  of  and  in  pursuance 
of  the  provisions  of  an  Act  of  the  General  Assembly  of 
the  State  of  Illinois,  entitled  "An  Act  in  relation  to  the 
World's  Columbian  Exposition,"  approved  August  5, 
1890,  the  provisions  of  which  said  Act,  so  far  as  they 
relate  to  the  power  and  authority  to  issue  the  said 
bonds  and  the  manner  and  conditions  in  and  upon 
which  said  power  and  authority  shall  be  exercised, 
have  in  all  things  been  complied  with.  A  direct  annual 
tax  will  be  levied  and  collected  in  each  year  upon  the 
property  within  the  jurisdiction  of  the  South  Park 
Commissioners  to  paj^  the  annual  interest  maturing  on 
said  bonds  and  a  certain  proportion  of  the  principal, 
so  that  the  entire  issue  of  said  bonds  shall  be  paid  off 
and  discharged  within  twenty  years  from  the  date 
thereof.  All  of  said  bonds,  including  this  bond,  is  is- 
sued subject  to  the  condition  that,  if  suflflcient  of  said 
bonds  can  not  be  purchased  by  the  said  South  Park 
Commissioners  in  each  year  at  par  and  accrued  inter- 
est to  absorb  the  proportion  of  such  annual  tax  which 
shall  be  set  apart  for  the  redemption  of  said  bonds. 


BONDS.  179 

then,  and  iu  that  event,  a.  suflficient  number  of  said 
bonds  to  absorb  said  fnnd  at  that  price  shall  be  select- 
ed by  lot  from  the  bonds  of  this  issue  then  outstanding 
and  shall  be  redeemed,  notice  of  such  selection  and  the 
numbers  of  the  bonds  so  selected  to  be  given  in  the 
manner  prescribed  by  ordinance. 

The  interest  on  the  bonds  selected  by  lot,  as  afore- 
said, shall  cease  from  and  after  the  time  when  the 
semi-annual  interest  on  the  same  shall  fall  due  next 
after  such  selection  is  made,  if  not  presented  for  re- 
demption before  that  time.  The  credit  of  the  South 
Park  Commissioners  is  irrevocably  pledged  to  the  pay- 
ment of  all  of  said  bonds  and  the  interest  thereon. 
This  bond  shall  pass  by  delivery,  or  may  be  registered 
at  the  office  of  the  secretary  of  the  South  Park  Com- 
missioners in  the  City  of  Chicago,  Illinois;  and  after 
such  registration  of  ownership,  certified  hereon  by 
said  secretary,  no  transfer  shall  be  valid  except  on  the 
transfer  books  kept  for  that  purpose  by  said  secretary, 
unless  the  last  transfer  shall  be  to  bearer,  which  shall 
restore  transferability  by  delivery;  but  this  bond  shall 
be  subject  to  successive  registrations  and  transfers  to 
bearer  at  the  option  of  each  holder. 

In  AYituess  AVhereof  the  said  South  Park  Commis- 
sioners have  hereunto  subscribed  their  names  and  af- 
fixed the  corporate  seal  and  caused  this  bond  to  be 
countersigned  by  the  secretary    on  this  first    day  of 

in  the  year  of  our  Lord    one  thousand 

eight  hundred  and  ninety-one. 

I        South  Park 
y    Commissioners. 

COUNTERSIGNED: 

Secretary. 


180  MISCELLANEOUS  ORDINANCES. 

INTEREST  COUPON. 

(125.00.) 

South  Park  Commissioners  will  pay  the  bearer 
at  the  Chicago  National  Bank  in  the  City  of  Chicago 

on  the  first  day  of ,  A.  D.  18 .  . . . , 

twenty-five  Dollars,  being  six  months'  interest  on  Bond 

No 

Secretary. 

CHICAGO  AND  CALUMET  HORSE  AND  DUMMY 
RAILWAY  COMPANY. 

AGREEMENT,   BETWEEN  THE  CHICAGO  &  CALUMET  HORSE 
AND  DUMMY  RAILWAY  COMPANY  AND  THE  SOUTH  PARK 
J       COMMISSIONERS      TO      CROSS      OAKWOOD      BOULEVARD. 
[PASSED  JULY  8,  1885.] 

At  a  regular  meeting  of  the  Board  of  South  Park 
Commissioners,  held  at  their  office  in  the  City  of  Chi- 
cago, on  the  eighth  day  of  July,  1885,  a  quorum  being 
present,  an  application  being  made  to  the  Board  of 
South  Park  Commissioners,  by  the  Chicago  &  Calumet 
Horse  and  Dummy  Railway  Company,  for  permission 
to  cross  Oakwood  boulevard  at  its  intersection  with 
Cottage  Grove  avenue. 

Now,  therefore,  subject  to  the  conditions  hereinafter 
expressed,  permission  is  hereby  granted  by  the  said 
Commissioners  to  the  said  Chicago  and  Calumet  Horse 
and  Dummy  Railway  Company,  to  lay  down  and  op- 
erate its  said  track  upon  these  conditions,  that  is  to 
say: 

First.  After  putting  the  track  down,  the  road  is  to 
be  replaced  in  perfect  order  and  condition  as  it  now  is, 
at  the  expense  of  the  said  railway  company,  and  to  be 
so  kept  at  all  times  by  it. 


CHICAGO  &  CALUMET  H.  AND  D.  R.  COMPANY.  181 

Second.  No  cars,  horses  or  other  obstructions  are 
ever  to  stop  or  stand  upon  the  boulevard.  All  stop- 
pages, to  take  on  or  let  off  passengers  or  for  other  pur- 
poses, are  to  be  before  reaching  or  after  crossing  the 
boulevard. 

Third.  The  said  railway  company  is  to  enter  into  an 
agreement  with  the  South  Park  Commissioners  to  com- 
ply with  all  the  conditions  hereinbefore  and  hereinaf- 
ter contained,  and  also  that  if  at  any  time  the  said  con- 
ditions and  restrictions  are  not  complied  with  or  the 
track  and  the  cars  thereon  become,  in  the  opinion  of 
the  commissioners,  too  great  an  obstruction  to  driving 
upon  the  boulevard,  or  if  the  commissioners  for  any 
other  reason  desire  the  track  to  be  removed,  then  the 
said  railway  company  is  to  remove  the  said  track,  and 
replace  the  road  and  boulevard  in  perfect  order  and 
condition,  as  it  now  is,  all  at  the  expense  of  the  said 
railway  company. 

Fourth.  That  in  the  exercise  of  the  permission  here- 
in granted,  said  company  shall  not  make  use  of  steam 
power,  nor  anything  but  horse  power,  in  propelling, 
conducting  or  operating  its  cars  across  said  boulevard, 
nor  permit  any  dummy  or  other  engine  to  cross,  or  re- 
cross,  the  same  at  any  time. 

Fifth.  The  permission  hereby  granted  is  to  be  tem- 
porary and  subject  to  such  further  or  other  restrictions 
as  said  commissioners,  or  their  successors,  may  from 
time  to  time  deem  advisable,  and  also  subject  to  be 
wholly  revoked  in  the  discretion  of  the  said  commis- 
sioners. 


182  MISCELLANEOUS  ORDINANCES. 

CHICAGO  AND  NORTHERN  PACIFIC  RAILROAD. 

ORDINANCE  GRANTING  THE  RIGHT  TO  THE  CHICAGO  AND 
NORTHERN  PACIFIC  RAILROAD  COMPANY  TO  CROSS 
WESTERN  AVENUE  BOULEVARD  AND  GARFIELD  BOULE- 
VARD.    [PASSED  NOVEMBER  2,  1891.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  permission  and  authority  be  and 
the  same  are  hereby  granted  to  the  Chicago  and  North- 
ern Pacific  Railroad  Company  to  lay  down,  operate 
and  maintain  a  double  track  railway  across  the  West- 
em  avenue  boulevard  and  the  Garfield  boulevard,  in 
the  City  of  Chicago,  Cook  County,  Illinois,  in  the  man- 
ner and  subject  to  the  provisions  and  restrictions  here- 
inafter contained. 

Sec.  2.  The  tracks  across  said  Western  avenue  bou- 
levard shall  be  laid  east  of  and  parallel  with,  and  at 
the  present  grade  of  the  tracks  of  the  Union  Stock 
Yards  and  Transit  Company;  and  the  distance  be- 
tween the  centers  of  the  tracks  of  said  Chicago  and 
Northern  Pacific  Railroad  Company  aiid  between  the 
center  of  the  west  track  of  said  Chicago  and  Northern 
Pacific  Railroad  Company  and  the  center  of  the  east 
track  of  said  Union  Stock  Yards  and  Transit  Compa- 
ny, shall  not  be  more  than  fourteen  feet. 

Sec.  3.  The  tracks  across  said  Garfield  boulevard 
shall  be  laid  west  of  and  at  the  present  grade  of  the 
tracks  of  the  Pittsburgh,  Cincinnati,  Cliicago  and  St. 
Louis  Railway  Company,  and  the  west  rail  of  the  west 
track  of  said  Chicago  and  Noi'thern  Pacific  Railroad 
Company  shall  cross  the  north  line  of  said  boulevard 
at  a  distance  of  not  more  than  fifty-six  and  one-half 
feet  from  the  west  line  of  the  right-of-way  of  said  Pitts- 
burgh, Cincinnati,  Chicago  and  St.  Louis  Railway  Com- 


CHICAGO  &  NORTHERN  PACIFIC  RAILROAD.  183 

panj,  and  said  west  rail  of  said  west  track  shall  cross 
the  south  line  of  said  boulevard  at  a  distance  of  not 
more  than  eighty  feet  from  said  west  line  of  the  right- 
of-way  of  said  Pittsburgh,  Cincinnati,  Chicago  and  St. 
Louis  Railway  Company. 

Sec.  4.  Said  railroad  company  shall  construct  its 
tracks  across  said  boulevards  with  an  iron  guard  rail 
on  the  inside  of  each  of  the  rails  thereof,  and  shall 
plank  said  crossings  and  keep  the  same  in  repair  to  the 
full  width  of  said  boulevards,  all  under  the  direction 
of  the  superintendent  of  said  South  Park  Commission- 
ers; and  said  railroad  company  shall  not  change  the 
grade  of  its  tracks  across  said  boulevards  without  the 
consent  of  said  South  Park  Commissioners;  and  said 
railroad  company  shall,  at  its  own  cost  and  expense, 
furnish  and  deliver  suitable  material  for  constructing, 
repairing  and  maintaining  the  approaches  to  said 
tracks,  including  both  the  driveways  and  planting 
spaces  of  said  boulevards,  at  such  places  and  at  such 
times  as  shall  be  directed  by  said  South  Park  Commis- 
sioners, and  all  alterations  made  necessary  in  said  bou- 
levards to  make  the  driveways  and  planting  spaces 
thereof  conform  to  the  grade  of  said  railroad  tracks,  as 
herein  specified,  shall  be  made  at  the  sole  cost  and  ex- 
pense of  said  railroad  company  and  under  the  super- 
vision and  direction  of  the  superintendent  of  said 
South  Park  Commissioners;  and  the  said  railroad 
company  shall  also  pay  any  and  all  expense  incurred  in 
the  removal  of  trees,  made  necessary  by  the  construc- 
tion of  said  crossing,  and  the  full  value  of  such  trees  as 
shall  be  destroyed  thereby. 

Sec.  5.  The  said  railroad  company  shall,  whenever 
so  directed  by  the  South  Park  Commissioners,  keep 


184  MISCELLANEOUS  ORDINANCES. 

and  maintain  a  flagman  at  such  crossings  of  said  bou- 
levards, or  shall  construct  and  maintain  gates  thereat, 
as  shall  be  required  by  the  South  Park  Commissioners; 
and  shall  also  use  and  maintain  such  other  means  in 
use  by  railway  companies  as  shall  from  time  to  time  be 
directed  by  said  South  Park  Commissioners  to  insure 
the  safety  of  persons  using  said  boulevards. 

Sec.  6.  The  said  railroad  company  shall  at  no  time 
and  under  no  circumstances  permit  any  of  its  cars  or 
locomotives  to  stand  upon  said  tracks,  or  any  of  them, 
to  the  obstruction  of  travel  upon  said  boulevards  or 
any  part  thereof. 

Sec.  7.  The  permission,  authority  and  privileges 
hereby  granted  are  upon  the  further  express  condition 
that  the  said  railroad  company,  whenever  so  directed 
by  the  South  Park  Commissioners,  in  compliance  with 
any  general  order  in  regard  to  the  construction  of  via- 
ducts and  the  lowering  of  the  tracks  crossing  the  boule- 
vards under  the  control  of  said  South  Park  Commis- 
sioners in  any  particular  district,  shall  construct  and 
maintain  a  viaduct  over  said  boulevards  and  railway 
crossings,  and  shall  lower  the  said  tracks  in  the  man- 
ner required  by  said  South  Park  Commissioners. 

Sec.  8.  The  privileges  hereby  granted  are  upon  the 
further  express  condition  that  the  said  railroad  com- 
pany shall  at  all  times  comply  with  and  be  subject  to 
all  general  and  special  ordinances  of  said  South  Park 
Commissioners,  now  in  force  or  which  may  hereafter 
be  passed  concerning  the  use  and  occupation  of  streets 
and  boulevards  and  the  running  and  operating  of  cars 
thereon  or  across  the  same  by  railway  companies,  or  in 
regard  to  the  elevation  of  railroad  tracks  crossing  said 


CHICAGO  &  NORTHERN  PACIFIC  RAILROAD.  185 

streets  and  boulevards,  so  far  as  the  same  apply  or  re- 
late to  the  privileges  hereby  granted. 

Sec.  9.  The  permission  and  authority  hereby  grant- 
ed are  upon  the  further  express  condition  that  the  said 
railroad  company  shall  forever  indemnify  and  save 
harmless  the  said  South  Park  Commissioners  from  any 
and  all  legal  actions,  damages,  decrees,  and  the  costs 
and  expenses  of  the  same  which  may  be  recovered  or 
obtained  against  the  South  Park  Commissioners  for  or 
by  reason  of  or  growing  out  of,  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  con- 
nected therewith,  or  by  the  exercise  by  the  company 
of  the  privileges  hereby  granted,  or  from  any  act  or 
acts  of  said  company  under  or  by  virtue  of  this  ordi- 
nance. 

Sec.  10.  Should  the  said  company  at  any  time  fail 
to  comply  with  the  conditions  and  provisions  of  this  or- 
dinance, or  any  of  them,  or  with  the  general  ordinances 
of  the  South  Park  Commissioners,  the  said  South  Park 
Commissioners  may  order  the  said  tracks  to  be  taken 
up  and  removed  by  said  company,  and  on  its  failure  so 
to  do  within  ten  days  after  notice  of  such  order,  may 
cause  the  same  to  be  taken  up  and  removed  at  the  ex- 
pense of  the  said  company. 

Sec.  11.  All  the  provisions  of  this  ordinance  shall 
be  equally  binding  upon  the  said  railroad  company,  its 
successors,  assigns  and  lessees. 

Sec.  12.  This  ordinance  shall  be  in  force  only  from 
and  after  the  written  acceptance  of  the  same  and  its 
provisions  by  the  said  Chicago  &  Northern  Pacific  Rail- 
road Company,  duly  signed  and  under  its  corporate 
seal,  shall  be  filed  with  the  secretary  of  the  South  Park 
Commissioners.    Unless   such  acceptance   shall   be  so 


186  MISCELLANEOUS  ORDINANCES. 

filed  within  thirty  days  of  the  time  of  the  passage  here- 
of, this  ordinance  shall  be  null  and  void. 

CHICAGO  AND  SOUTn  SIDE  IIAPID  TRANSIT 
RAILROAD  CX)MPANY. 

AN  ORDINANCE  GRANTING  PERMISSION  TO  THE  CHICAGO 
AND  SOUTH  SIDE  RAPID  TRANSIT  RAILROAD  COMPANY 
TO  CONSTRUCT,  ERECT,  MAINTAIN  AND  OPERATE  AN  ELE- 
VATED RAILROAD  OVER  AND  ACROSS  MICHIGAN  AVENUE 
BOULEVARD,  IMMEDIATELY  SOUTH  OF  AND  ADJOINING 
FORTIETH  STREET,  AND  OVER  AND  ACROSS  GARFIELD 
BOULEVARD,  BETWEEN  CALUMET  AND  PRAIRIE  AVE- 
NUES.    [PASSED  SEPTEMBER  9,  1891.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  permission  and  authority  be  and 
the  same  is  hereby  granted  to  the  Chicago  and  South 
Side  Rapid  Transit  Railroad  Company  to  construct, 
erect,  maintain  and  operate  an  elevated  railroad  over 
and  across  Michigan  avenue  boulevard,  immediately 
south  of  and  adjoining  Fortieth  street,  and  also  over 
and  across  Garfield  boulevard,  between  Calumet  and 
Prairie  avenues,  the  center  line  of  the  structure  of  said 
elevated  railroad  to  be  about  212  feet  east  of  Prairie 
avenue  and  about  165  feet  west  of  Calumet  avenue, 
both  said  boulevards  being  in  the  City  of  Chicago, 
County  of  Cook,  State  of  Illinois,  in  the  manner  and 
subject  to  the  restrictions  hereinafter  contained. 

Sec.  2.  The  structure  to  be  erected  over  and  across 
Michigan  avenue  boulevard  shall  span  the  driveway  of 
said  boulevard  from  curb  to  curb,  and  shall  be  support- 
ed by  iron  columns  set  in  the  line  of  the  trees  not  to  ex- 
ceed four  feet  from  the  curb  lines,  said  columns  to  be 
supported  upon  cast-iron  bases  firmly  bolted  to  proper 
foundations  of  concrete  and  masonry  constructed  be- 


CHICAGO  &  SOUTH  SIDE  R.  T.  R.  R.  COMPANY.  187 

neath  the  surface.  The  structure  crossing  Garfield 
boulevard  shall  be  in  all  respects  similar  to  that  cross- 
ing Michigan  avenue  boulevard,  except  that  it  shall 
consist  of  four  spans,  the  northerly  one  of  which  shall 
at  its  northerl}^  end  be  supported  upon  iron  columns 
set  without  the  northerly  line  of  said  boulevard,  and  at 
its  southern  end  upon  columns  located  within  and  im- 
mediately adjoining  the  northern  side  of  the  planting 
space  in  the  center  of  said  boulevard;  the  two  center 
spans  shall,  as  to  the  northerly  one  thereof,  be  support- 
ed at  its  northern  end  upon  the  columns  carrying  the 
southern  end  of  the  span  crossing  the  northern  drive- 
way of  said  boulevard,  and  at  its  southern  end  upon 
columns  located  in  the  center  of  said  planting  space, 
which  said  last  named  columns  shall  also  support  the 
northern  end  of  the  southerly  of  the  two  central  spans, 
the  southern  end  of  which  shall  be  supported  upon  col- 
umns located  at  the  southerly  edge  of  the  planting 
space  aforesaid,  which  said  last  named  columns  shall 
also  support  the  northern  end  of  the  southern  span 
which  shall  span  the  southerly  driveway  of  said  boule- 
vard, and  be  supported  at  its  southern  end  by  columns 
located  without  the  southerly  side  of  said  boulevard, 
all  of  said  columns  to  be  supported  upon  cast-iron 
bases  firmly  bolted  to  proper  foundations  constructed 
of  concrete  and  masonrj^  beneath  the  surface. 

Sec.  3.  The  said  railroad  company  shall  be  permit- 
ted to  make  all  necessaiy  excavations  for  the  conven- 
ient construction  of  the  foundations  aforesaid,  but 
shall  restore  the  surfaces  of  all  driveways  and  plant- 
ing places  so  disturbed  to  the  satisfaction  of  the  South 
Park  Commissioners;  or  said  South  Park  Commission- 
ers may,  at  their  option,  require  the  said  railroad  com- 


188  MISCELLANEOUS  ORDINANCES. 

pany,  before  any  such  excavations  are  made,  to  deposit 
with  the  secretary  of  said  Commissioners  a  sum  in  cash 
to  cover  the  estimated  cost  of  making  such  excavations 
and  restorations,  and  make  such  excavations  and  res- 
torations by  their  own  agents  and  servants,  and  after 
paying  the  costs  thereof  out  of  the  cash  so  deposited, 
account  for  and  pay  over  to  said  railroad  company 
any  balance  remaining  from  said  deposit,  and  if  said 
cost  shall  exceed  said  deposit  said  railroad  company 
shall  at  once  reimburse  said  Commissioners  for  such 
excess. 

Sec.  4.  The  permission  and  authority  hereby  grant- 
ed are  upon  the  express  condition  that  the  said  railroad 
company  shall  promptly  pay  for  any  and  all  damage 
done  by  it  to  property  in  the  custody  of  said  South 
Park  Commissioners,  and  for  the  cost  of  removing  any 
trees  which  it  may  be  necessary  to  disturb,  and  shall 
forever  indemnify  and  save  harmless  the  said  South 
Park  Commissioners  from  any  and  all  legal  actions, 
damages,  decrees,  and  the  costs  and  expenses  of  the 
same  which  may  be  recovered  or  obtained  against  the 
South  Park  Commissioners  for  or  by  reason  of,  or  grow- 
ing out  of  or  resulting  from  the  passage  of  this  ordi- 
nance, or  any  matter  or  thing  connected  therewith,  or 
by  the  exercise  by  the  railroad  company  of  the  privi- 
leges hereby  granted,  or  from  any  act  or  acts  of  said 
company  under  or  by  virtue  of  this  ordinance. 

Sec.  5.  All  structures  spanning  the  driveways  of  the 
boulevards  aforesaid,  shall  leave  a  clear  headroom  be- 
tween said  structures  and  the  grade  of  such  driveways 
at  the  center  line  of  such  driveways  of  sixteen  feet,  and 
at  the  curb  lines  such  headroom  shall  not  be  less  than 
fourteen  feet  above  such  driveways,  and  the  entire 


CHICAGO  &  SOUTH  SIDE  R.  T.  R.  R.  COMPANY.  189 

structures  shall  be  so  designed  as  to  present  as  light 
and  ornamental  an  appearance  as  is  consistent  with 
strength  and  durability  for  the  service  for  which  they 
are  intended,  and  shall  be  so  constructed  as  to  effec- 
tually prevent  drippings  of  any  kind  from  such  struc- 
tures upon  any  part  of  said  boulevards.  All  plans  and 
details  thereof  shall  be  submitted  to  and  approved  by 
the  South  Park  Commissioners  before  erection. 

Sec.  G.  This  ordinance  shall  be  in  force  only  from 
and  after  the  written  acceptance  of  the  same,  and  its 
provisions,  by  the  said  The  Chicago  &  South  Side  Kap- 
id  Transit  Railroad  Company,  duly  signed  under  its 
corporate  seal,  shall  be  filed  with  the  secretary  of  the 
South  Park  Commissioners.  Unless  such  acceptance 
be  so  filed  within  30  days  from  the  date  of  the  passage 
hereof,  this  ordinance  shall  be  null  and  void. 

Sec.  7.  The  said  company  shall  station  a  flagman  at 
the  crossings  of  said  driveways  or  put  in  some  suitable 
device  to  announce  the  approach  of  trains,  if  required 
by  the  South  Park  Commissioners. 

OUICAGO  AND  WESTERN  INDIANA  RAILROAD 
COMPANY. 

AGREEMENT  ALLOWING  CHICAGO  &  WESTERN  INDIANA 
RAILROAD  COMPANY  TO  CROSS  GARFIELD  BOULEVARD. 
[PASSED  OCTOBER  27,  1879.] 

Resolved,  That  the  Chicago  &  Western  Indiana  Rail- 
road Company  have  authority  to  cross  Fifty-fifth  street 
boulevard,  as  requested,  provided  that  it  shall  duly 
execute  the  contract  without  delay,  contained  in  its 
request  this  day  submitted  to  the  board,  which  has 
been  approved  by  the  attorney  of  this  board,  and  has 


190  MISCELLANEOUS  ORDINANCES. 

been  handed  to  the  agents  of  said  company  to  procure 
its  execution. 

The  request  and  conditions  are  as  follows: 

TO  THE  BOARD  OF  SOUTH  PARK  COMMISSIONERS: 

The  Chicago  &  Western  Indiana  Railroad  Company, 
a  corporation  duly  organized  under  and  by  virtue  of 
the  laws  of  the  State  of  Illinois,  hereby  ask  permission 
to  lay  three  railroad  tracks  across  the  Fifty-fifth  street 
boulevard,  on  a  width  not  exceeding  for  all  thirty-four 
feet,  on  a  line  with  Wallace  street,  where  the  same,  if 
extended,  would  cross  said  boulevard;  said  space  not 
to  be  used  for  switching  cars  or  side  tracks;  and  in 
consideration  of  the  granting  of  said  permission,  and  as 
a  condition  of  the  said  grant  and  of  the  exercise  there- 
of, the  said  Chicago  &  Western  Indiana  Eailroad  Com- 
pany do  hereby  agree  to  so  lay  and  construct  said 
tracks  that  the  top  of  the  rails  of  said  railroad  tracks 
shall  not,  when  so  laid,  be  to  exceed  eighteen  inches 
above  the  present  grade  of  the  center  of  said  boule- 
vard, where  now  improved,  and  to  raise  or  lower  the 
same,  from  time  to  time,  as  said  Board  of  Park  Com- 
missioners may  direct,  and  also  to  grade  the  driveway 
of  said  boulevard  from  the  top  of  said  rails  on  a 
straight  line  to  the  present  or  future  grade  of  said 
driveway,  at  a  point  one  hundred  feet  east  and  west, 
respectively,  on  said  driveway,  and  keep  the  same  in 
repair  to  the  satisfaction  of  said  board;  said  grading 
to  be  the  full  width  of  said  driveway,  as  now  improved, 
and  to  be  continued  as  the  said  improvement  may  be 
widened  for  the  whole  width  to  which  the  said  commis- 
sion shall,  from  time  to  time,  extend  the  said  improve- 
ment; said  grading  to  be  made  of  broken  stone  and 


CHICAGO  &  WESTERN  INDIANA  R.  R.  COMPANY.  191 

stone  screens,  or  with  gravel  as  said  Board  of  Commis- 
sioners may  direct;  and  also  to  plank  the  space  be- 
tween said  railroad  tracks,  for  the  whole  width  of  said 
boulevard,  and  to  extend  the  planking  to  such  distance 
outside  of  said  rails  as  shall  be  directed  by  said  board; 
and  also  to  make  like  crossings  on  such  other  drive- 
ways as  shall  be  hereafter  constructed  by  said  commis- 
sioners on  said  boulevard,  where  the  same  shall  or  may 
cross  the  line  of  said  railroad  tracks,  and  to  maintain 
the  same  at  the  cost  and  expense  of  said  company  and 
its  successors  and  assigns,  and  to  do  all  and  every  the 
matters  and  things  aforesaid,  under  the  supervision 
and  to  the  satisfaction  of  said  Board  of  Commission- 
ers, or  such  person  as  they  may  appoint.  And  further, 
that  said  railroad  company  shall,  at  its  own  cost  and 
expense,  maintain  a  flagman  at  such  crossing  and 
crossings,  as  aforesaid,  whenever  said  Board  of  South 
Park  Commissioners  shall,  by  resolution,  direct  the 
same  to  be  done,  and  shall  also  establish,  construct  and 
maintain,  at  its  own  expense,  suitable  safety  gates  at 
such  crossings,  whenever  directed  to  do  so  by  resolu- 
tion of  said  board;  and  further,  that  the  said  railroad 
company  shall,  and  will,  comply  with  any  and  all  gen- 
eral ordinances  that  may  be  adopted  by  said  board,  es- 
tablishing a  general  system  of  viaducts  for  railroads 
crossing  said  boulevard  between  the  west  line  of  the 
Village  of  Hyde  Park  and  Ilalsted  street,  in  the  Town 
of  Lake;  and  further,  that  said  railroad  company  shall 
lower  its  tracks,  if  necessary,  to  enable  said  board  to 
construct  such  suitable  and  substantial  driveways  or 
viaducts  as  the  said  board  may  hereafter  order  over 
said  railroad  crossings,  hereby  permitted,  of  which 
said  viaducts  said  company  shall  pay  the  cost,  expense, 


192  MISCELLANEOUS  ORDINANCES.  ' 

and  also  all  reasonable  expenses  afterwards,  keeping 
such  viaducts  in  repair.  And  said  company  shall  also 
conform  to  any  and  all  general  ordinances  of  said 
Board  of  South  Park  Commissioners,  regulating  the 
speed  of  railroad  trains  or  engines  at  the  crossings  of 
said  boulevard,  and  shall  be  subject  at  all  times  to  all 
of  the  police  powers  vested,  or  which  may  hereafter  be 
vested,  in  the  said  board,  and  to  the  proper  exercise 
thereof  by  or  through  the  agency  of  said  board.  And 
it  is  hereby  further  agreed  and  declared,  by  the  said 
railroad  company,  that  the  due  performance  on  its  part 
of  all  and  singular,  the  agreements  and  stipulations, 
aforesaid,  shall  be,  and  the  same  are  hereby  made  con- 
ditions of  the  said  grant,  and  of  the  exercise  of  the 
privileges  hereinbefore  requested  to  be  granted  to  said 
company.  And  it  is  hereby  further  agreed  that  this 
instrument  shall  be  spread  upon  the  regular  records 
of  the  proceedings  of  the  Board  of  Directors  of  said 
company,  and  to  be  approved  by  said  board,  and 
proper  evidence  of  said  approval  furnished  to  the  said 
Board  of  South  Park  Commissioners.  And  in  case  of 
failure,  neglect  or  refusal  of  said  railroad  company,  so 
to  approve  and  to  record  this  agreement,  the  said  com- 
pany agrees  to  remove  said  tracks  from  said  boulevard 
crossing,  upon  ten  days  notice,  and  the  continuance 
during  that  time  of  such  default  as  aforesaid.  And  in 
case  of  failure  or  neglect  of  said  railroad  company, 
after  the  continuance  of  such  default  for  the  period  of 
ten  days  after  notice  as  aforesaid,  and  in  case  of  its 
breach  of  any  of  the  conditions  or  agreements  herein- 
before contained,  the  said  Board  of  South  Park  Com- 
missioners may  take  up  and  remove  the  said  tracks 
from  said  boulevard  at  the  said  crossings,  provided 


CHICAGO  &  WESTERN  INDIANA  R.  R.  COMPANY.  193 

said  Bocird  of  South  Park  Commissioners  sliall  first 
give  written  notice  of  such  breach  of  condition  at  least 
ten  daj's  before  proceeding  to  take  up  said  tracks. 


ORDINANCE  GRANTING  THE  RIGHT  TO  THE  CHICAGO  AND 
WESTERN  INDIANA  RAILROAD  COMPANY  TO  LAY  DOWN 
TWO  ADDITIONAL  TRACKS  ACROSS  GARFIELD  BOULE- 
VARD.    [PASSED  NOVEMBER  IITH,  1892.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  permission  and  authority  be  and 
the  same  are  herebj'  granted  to  the  Chicago  and  West- 
ern Indiana  Railroad  Company  to  lay  down,  operate 
and  maintain  two  additional  railwaj"  tracks  across 
Garfield  boulevard  in  the  manner  and  subject  to  the 
provisions  and  restrictions  hereinafter  contained. 

Sec.  2.  That  said  track  shall  be  laid  east  of  and  par- 
allel with  and  at  the  present  grade  of  the  tracks  of 
said  company  now  across  said  boulevard  and  as  near 
thereto  as  practicable. 

Sec.  3.  Said  railroad  company  shall  construct"  its 
tracks  across  said  boulevard  with  an  iron  guard  rail 
on  the  inside  of  each  of  the  rails  thereof,  and  shall 
plank  said  crossing  and  keep  the  same  in  repair  to 
the  full  width  of  said  boulevard,  all  under  the  direc- 
tion of  the  Superintendent  of  said  South  Park  Commis- 
sioners; and  said  railroad  company  shall  not  change 
the  grade  of  its  tracks  across  said  boulevard  without 
the  consent  of  said  South  Park  Commissioners;  and 
said  railroad  compan}'  shall  at  its  own  cost  and  ex- 
pense, furnish  and  deliver  suitable  material  for  (on- 
structing,  repairing  and  maintaining  the  apjjroaclu's 
to  said  tracks,  including  both  the  driveways  and  jthint- 


194  MISCELLANEOUS     ORDINANCES. 

ing  spaces  of  said  bonlevard,  at  such  places  and  at  such 
times  as  shall  be  directed  by  said  South  Park  Commis- 
sioners, and  all  alterations  made  necessary  in  said 
boulevards  to  make  the  driveways  and  planting  spaces 
thereof  conform  to  the  grade  of  said  railroad  tracks, 
as  herein  specified,  shall  be  made  at  the  sole  cost  and 
exj)ense  of  said  railway  company  and  under  the  super- 
vision and  direction  of  the  Superintendent  of  said 
South  Park  Commissioners;  and  the  said  railroad 
company  shall  also  pay  nuj  and  all  expense  incurred 
in  the  removal  of  trees,  made  necessary  by  the  con- 
struction of  said  crossing,  and  the  full  value  of  such 
trees  as  shall  be  destroyed  thereby. 

Sec.  4,  The  said  railroad  company  shall,  whenever 
so  directed  by  the  South  Park  Commissioners,  keep  and 
maintain  a  flagman  at  such  crossing  of  said  boulevard, 
or  shall  construct  and  maintain  gates  thereat,  as  shall 
be  required  b}"  the  Sontli  Park  Commissioners;  and 
shall  also  use  and  maintain  such  other  means  in  use 
by  railway  companies  as  shall  from  time  to  time  be 
directed  by  said  South  Park  Commissioners  to  insure 
the  safety  of  persons  using  said  boulevard. 

Sec.  5.  The  said  railroad  compam'  shall  at  no  time 
and  under  no  circumstances  permit  any  of  its  cars  or 
locomotives  to  stand  upon  said  tracks,  or  any  of  them, 
to  the  obstruction  of  travel  upon  sai<l  boulevard  or  any 
part  thereof. 

Sec.  G.  The  permission,  authority  and  privileges 
hereby  granted  are  upon  the  further  express  condition 
that  the  said  railroad  company,  whenever  so  directed 
by  the  South  Park  Commissioners,  in  compliance  with 
any  general  order  in  regard  to  the  construction  of  via- 
ducts,  and   the  lowering  of  the  tracks   crossing  the 


CHICAGO  &  WESTERN  INDIANA  R.  R.  COMPANY.  195 

boulevard  imder  the  couliol  of  said  South  Park  ('0111- 
missioners  in  any  particuhir  district,  shall  construct 
and  maintain  a  viaduct  over  said  boulevaid  and  rail- 
wa3'  crossing,  and  shall  lower  the  said  tracks  in  tlu^ 
manner  re(iuired  by  said  South  Park  Commissioners, 

Sec.  7.  The  privileges  hereb}'  granted  are  upon  the 
further  express  condition  that  the  said  railroad  com- 
pany shall  at  all  times  comi)ly  with  and  be  subject  to  all 
general  and  special  ordinances  of  said  South ParkCom- 
missioners,  now  in  force  or  which  may  hereafter  be 
passed  concerning  the  use  and  occupation  of  streets 
and  boulevards  and  the  running  and  operating  of  cars 
thereon  or  across  the  same  by  railway  companies,  or  in 
regard  to  the  elevation  of  railroad  tracks,  crossing  said 
streets  and  boulevards,  so  far  as  the  same  ajjpl^^  or 
relate  to  the  privileges  herebj^  granted. 

Sec,  8.  The  permission  and  authority  hereby  grant- 
ed are  upon  the  further  ex])ress  condition  that  the  said 
railroad  company  shall  forever  indemnify  and  save 
harmless  the  said  South  Park  Commissioners  from  any 
and  all  legal  actions,  damages,  (lecr<M^s,  and  the  costs 
and  expenses  of  the  same  wliicli  may  be  recovered  or 
obtained  against  the  South  Park  Commissioners  for  or 
by  reason  of  or  growing  out  of,  or  resulting  from  the 
passage  of  this  ordinance,  or  any  matter  or  thing  con- 
nected therewith  or  by  tlie  exercise  by  the  conii)any 
of  tliejn-ivileges  lier(d)y  granted,  or  from  any  act  or  acts 
of  said  company  under  or  by  virtue  of  this  ordinance. 

Sec.  0.  Should  the  said  company  at  any  time  fail  to 
comply  with  the  conditions  and  ]»rovisious  of  this  ordi- 
nance or  any  of  them,  or  with  the  general  (u^linances 
of  the  South  Park  Commissioners,  the  said  South  Park 
Commissioners  may  order  the  said  tracks  to  be  taken 


196  MISCELLANEOUS  ORDINANCES. 

up  and  removed  b}^  said  compan}^,  and  on  its  failure  so 
to  do  within  ten  days  after  notice  of  such  order,  may 
cause  the  same  to  be  taken  up  and  removed  at  the  ex- 
pense of  the  said  company. 

Sec.  10.  All  the  provisions  of  this  ordinance  shall 
be  equally  binding  upon  the  said  railroad  company,  its 
successors,  assigns  and  lessees. 

Sec.  11.  This  ordinance  shall  be  in  force  only  from 
and  after  the  written  acceptance  of  the  same  and  its 
provisions  by  the  said  Chicago  and  Western  Indiana 
Railroad  Company  duly  signed  and  under  its  corporate 
seal,  shall  be  filed  with  the  Secretary'  of  the  South  Park 
Commissioners.  Unless  such  acceptance  shall  be  so 
filed  within  thirty  days  of  the  time  of  the  passage 
hereof,  this  ordinance  shall  be  null  and  void. 

CHICAGO  CITY  RAILWAY  COMPANY. 

AGREEMENT  WITH  CHICAGO  CITY  RAILWAY  COMPANY  RE- 
GARDING TRACKS  ACROSS  GRAND  BOULEVARD  AT 
THIRTY-NINTH  STREET.     [PASSED  JUNE  8TH,  1876.] 

Resolved,  That  the  President  and  Secretary  execute 
the  following  instrument  under  the  seal  of  the  corpora- 
tion and  that  upon  compliance  with  its  terms  by  the 
Chicago  City  Railway  Comi)any  the  same  be  delivered 
to  said  compau}'  for  the  uses  and  purposes  therein  ex- 
pressed : 

At  a  regular  meeting  of  the  Board  of  South  Park 
Commissioners  held  at  their  office  on  the  eighth  day  of 
June,  1870,  a  quorum  being  present,  an  application  be- 
ing made  to  the  Board  of  South  Park  Commissioners 
by  the  Chicago  City  Railway  Company  for  permission 
to  cross  the  Grand  boulevard  at  Thir-ty-ninth  street, 
and  across  the  said  street  at  that  point  to  operate  a 


CHICAGO  CITY  RAILWAY  COMPANY.  197 

street  railway  track:  Now  therefore,  subject  to  the 
conditions  hereinafter  expressed,  permission  is  hereby 
granted  by  the  said  Commissioners  to  the  said  Chicago 
City  Railway  Company  to  lay  down  and  operate  its  said 
track  upon  these  conditions — that  is  to  say: 

First.  After  putting  the  track  down  the  road  is  to 
be  replaced  in  i)erfect  order  an<l  condition  as  it  now 
is,  at  the  expense  of  the  said  railway  company,  and  to 
be  so  kept  at  all  times  by  it. 

Second.  No  cars,  horses,  or  other  obstructions  are 
ever  to  stop  or  stand  upon  the  boulevard;  all  stoppages 
to  take  on  or  let  off  pasengers,  or  for  other  purposes, 
are  to  be  before  reaching  or  after  crossing  the  boule- 
vard. 

Third.  The  said  railway  company  is  to  enter  into 
an  agreement  with  the  South  Park  Commissioners  to 
comi)ly  with  all  the  conditions  hereinbefore  and  here- 
inafter contained;  and  also,  that  if  at  any  time  the  said 
conditions  and  restrictions  are  not  complied  with  or 
the  track  and  cars  thereon  become  in  the  opinion  of 
said  commissioners  too  great  an  obstruction  to  driving 
on  the  boulevard,  or  if  tlie  commissioners,  for  any  other 
reason,  desire  the  track  to  be  removed,  then  the  said 
company  is  to  remove  the  said  track  and  replace  the 
road  and  boulevard  in  perfect  order  and  condition  as  it 
now  is,  all  at  the  expense  of  the  said  railway  company. 

Fourth.  That  in  the  exercise  of  the  permission 
hereby  granted  said  company  shall  not  make  use  of 
steam  power  or  anything  but  horse  power  in  propelling, 
conducting  or  operating  its  cars  across  said  boulevard ; 
nor  permit  any  dummy  or  other  engine  to  cross  or  re- 
cross  the  same  at  any  time. 

Fifth.     The  permission  hereby  granted  is  to  be  tem- 


198  MISCELLANEOUS  ORDINANCES. 

porary  and  subject  to  such  further  or  other  restrictions 
as  said  commissioners  or  their'  successors  may  from 
time  to  time  deem  advisable,  and  also  subject  to  be 
wholly  revoked  in  the  discretion  of  the  said  Board. 


AGREEMENT  WITH  CHICAGO  CITY  RAILWAY  CONCERNING 
CROSSING  AT  GARFIELD  BOULEVARD  AND  STATE  STREET. 
[PASSED  AUGUST  9,  1882.] 

Kesolved,  That  permission  be  and  the  same  is  hereby 
given  the  Chicago  City  Railway  Company  to  construct, 
maintain  and  operate  its  railway  tracks  across  Gar- 
field boulevard  at  its  intersection  with  State  street,  in 
the  manner  and  subject  to  the  conditions  following: 

First.  Said  company  shall  construct  double  tracks 
at  said  crossing,  and  between  the  rails  and  between 
the  tracks  shall  lay  planks  or  paving  material  in  such 
manner,  and  maintain  the  same  at  all  times,  as  this 
board  shall  direct.  The  rails  or  tracks  so  laid  shall  not 
protrude  above  the  level  of  the  road-bed,  and  the  rails 
and  tracks  and  spaces  between  them  shall  be  kept 
constantly  in  repair,  and  in  such  condition  as  in  no 
wise  to  cause  danger  or  interruption  to  travel. 

Second.    No  cars  or  horses  or  propelling  engines  con- 
nected therewith  shall  be  permitted  to  stop  on  said, 
boulevard,  and  all  stoppages  to  take  on  or  let  off  pas- 
sengers shall  be  made  before  reaching  or  after  cross- 
ing the  boulevard. 

Third.  Should  said  company  at  any  time  refuse  or 
neglect  to  comply  with  the  i)rovisions  aforesaid,  or 
with  any  reasonable  rule  or  regulation,  established  by 
this  board  for  the  government  of  said  boulevard,  this 
license  shall  cease  and  terminate,  and  without  notice 


CHICAGO  CITY  RAILWAY  COMPANY.  199 

or  process  of  law  said  board  may  cause  siicli  tracks 
and  rails  to  be  moved. 

Fourth.  No  steam  or  other  locomotive  engine  shall 
be  used  by  said  company  for  propelling  cars  across  said 
boulevard. 

Fifth.  This  license  shall  be  accepted  subject  to  all 
the  police  and  governmental  powers  of  said  board,  and 
to  its  privilege  at  any  time  to  cause  the  removal  of  said 
tracks,  and  the  revocation  of  this  license  from  what- 
soever cause  it  may  deem  proper. 

Sixth.  This  resolution  shall  take  effect  and  be  in 
force  ui>on  a  written  acceptance  of  the  same  being  filed 
with  the  secretary  of  this  board,  signed  by  the  j)resi- 
dent  of  said  company,  with  its  corporate  seal  attached, 
attested  by  its  secretary;  which  said  acceptance  sliall 
be  deemed  an  agreement  on  the  part  of  said  company 
to  comply  with  all  the  terms  and  conditi<)ns  herein  ex- 
pressed. 

The  secretary  of  this  board  is  hereby  directed  to 
transmit  to  said  company  a  copy  of  this  resolution, 
duly  certified  under  his  hand  and  the  seal  of  this  board. 


AGREEMENT  BETWEEN  THE  CHICAGO  CITY  RAILWAY  COM- 
PANY AND  THE  SOUTH  PARK  COMMISSIONERS  TO  CROSS 
MICHIGAN  AVENUE  AT  THIRTY-FIRST  STREET.  [PASSED 
JULY  16,  1884.] 

At  a  regular  meeting  of  the  Board  of  South  Park 
Commissioners,  hehl  at  th<'ir  office  in  the  (Mty  of  Chi- 
cago, on  the  Kith  day  of  July,  1SS4,  a  (piorum  being 
])reseut.  An  application  being  made  to  the  Board  of 
South  Park  Commissioners  by  tlie  Cliicago  City  Kail- 
way  Company  for  permission  to  cross  Michigan  Ave- 


200  MISCELLANEOUS  ORDINANCES. 

nue  boulevard  at  its  intersection  with  Thirty-first  (31st) 
street  south. 

Now,  therefore,  subject  to  the  conditions  hereinafter 
expressed,  permission  is  hereb}^  granted  by  the  said 
Commissioners  to  the  said  Chicago  City  Eailway  Com- 
pany to  lay  down  and  operate  its  said  track  upon  those 
conditions — that  is  to  say: 

First.  After  putting  the  track  down,  the  road  is  to 
be  replaced  in  perfect  order  and  condition  as  it  now  is, 
at  the  expense  of  the  said  railway  company,  and  to  be 
so  kept  at  all  times  by  it. 

Second.  No  cars,  horses  or  other  obstructions  are 
ever  to  stop  or  stand  upon  the  boulevard.  All  stop- 
pages to  take  on  or  let  off  passengers,  or  for  other  pur- 
poses, are  to  be  before  reaching  or  after  crossing  the 
boulevard. 

Third.  The  said  railway  company  is  to  enter  into  an 
agreement  with  the  South  Park  Commissioners  to  com- 
ply with  all  the  conditions  hereinbefore  and  herein- 
after contained  and  also  that  if  at  any  time  the  said 
conditions  and  restrictions  are  not  complied  with,  or 
the  track  and  cars  thereon  become,  in  the  opinion  of 
the  commissioners,  too  great  an  obstruction  to  driving 
upon  the  boulevard,  or  if  the  commissioners  for  any 
other  reason  desire  the  track  to  be  removed,  then  the 
said  railway  company  is  to  remove  the  said  track  and 
replace  the  road  and  boulevard  in  perfect  order  and 
condition  as  it  now  is,  all  at  the  expense  of  the  said 
railway  company. 

Fourth.  That  in  the  exercise  of  the  permission  here- 
by granted,  said  company  shall  not  make  use  of  steam 
power  nor  anything  but  horse  power  in  propelling, 
conducting  or  operating  its  cars  across  said  boulevard, 


CHICAGO  CITY  RAILWAY  COMPANY.  201 

nor  permit  any  diiinniy  or  other  engine  to  cross  or  re- 
cross  the  same  at  any  time. 

Fifth.  The  ])ermission  hereby  granted  is  to  be  tem- 
porary, and  subject  to  such  further  or  other  restric- 
tions as  said  commissioners  or  their  successors  may 
from  time  to  time  deem  advisable,  and  also  subject  to 
be  wholly  revoked  in  the  discretion  of  tlie  said  commis- 
sioners. 


AGREEMENT  BETWEEN  THE  CHICAGO  CITY  RAILWAY  COM- 
PANY AND  THE  SOUTH  PARK  COMMISSIONERS,  FOR  CROSS- 
ING GARFIELD  BOULEVARD  AT  WENTWORTH  AVENUE 
AND  HALSTED  STREET.     [PASSED  NOVEMBER  12,  1S84.] 

At  a  regular  meeting  of  the  Board  of  South  Park 
Commissioners,  held  at  their  office  in  the  City  of  Chi- 
cago, on  the  12th  day  of  November,  1884,  a  quorum 
being  present,  an  application  being  made  to  the  Board 
of  South  Park  Commissioners  bv  the  Chicago  City 
Railway  Company  for  permission  to  cross  (lartield 
boulevard  at  its  intersection  with  AN'entworth  avenue, 
and  also  to  cross  said  Garfield  boulevard  at  its  inter- 
section with  Halsted  street. 

Now,  therefore,  subject  to  the  conditions  hereinafter 
expressed,  permission  is  hereby  granted  by  the  said 
commissioners  to  the  said  Chicago  City  Bail  way  Com- 
pany, to  lay  down  and  opeiate  its  said  tracks  upon 
these  conditions — that  is  to  say: 

First.  After  jjutting  the  track  down  the  road  is  to 
be  replaced  in  perfect  order  and  condition  as  it  now 
is,  at  the  expense  of  the  said  railway  company,  and  to 
be  so  kept  at  all  times  by  it. 

Second.  No  cars,  horses  or  other  obstructions  are 
ever  to  stop  or  stand  upon  the  boulevard,  all  stoppages 


202  MISCELLANEOUS  ORDINANCES. 

to  take  on  or  let  off  passengers  or  for  other  purposes 
are  to  be  before  reaching  or  atter  crossing  tlie  boule- 
vard. 

Third.  The  said  railway  company  is  to  enter  into  an 
agreement  with  the  South  Park  Commissioners  to  com- 
ply with  all  the  conditions  hereinbefore  and  herein- 
after contained,  and  also  that  if,  at  any  time,  said  con- 
ditions and  restrictions  are  not  complied  with,  or  the 
track  and  cars  thereon  become  in  the  opinion  of  the 
commissioners  too  great  an  obstruction  to  driving 
upon  the  boulevard,  or  if  the  commissioners  for  any 
other  reason  desire  the  track  to  be  removed,  then  sai<l 
railway  company  is  to  remove  the  said  track  and  re- 
place the  road  and  boulevard  in  perfect  order  and  con- 
dition as  it  now  is,  all  at  the  expense  of  the  said  rail- 
way compan}^ 

Fourth.  That  in  the  exercise  of  the  permission  here- 
by granted,  said  <-ompany  shall  not  make  use  of  steam 
power  nor  anything  but  horse  power  in  propelling,  con- 
ducting or  operating  its  cars  across  said  boulevard,  nor 
permit  any  dummy  or  other  engine  to  cross  or  recross 
the  same,  at  au}^  time. 

Fifth.  The  pernussion  hereby  granted  is  to  be  tem- 
porary, and  subject  to  such  further  or  other  restric- 
tions as  said  commissioners  or  their  successors  may 
from  time  to  time  deem  advisable,  and  also  subject  to 
be  wholly  revoked  in  the  discretion  of  the  said  comuiis- 
sioners. 


CHICAGO  CITY  RAILWAY  COMPANY.  203 

AGREEMENT  BETWEEN  THE  CHICAGO  CITY  RAILWAY  COM 
PANY  AND  THE  SOUTH  PARK  COMMISSIONERS,  TO  CROSS 
GARWOOD   BOULEVARD,    DREXEL   ENTRANCE,    AND    MID- 
WAY  PLAISANCE   AT  THE   INTERSECTION   OF   THE  SAME 
WITH  COTTAGE  GROVE  AVENUE.     [PASSED  MAY  11,  1887.] 

At  a  regular  meeting  of  the  Board  of  South  Park 
Commissioners,  hekl  at  tlieir  office  in  the  City  of  Chi- 
cago, on  tlie  eleventh  (hij  of  May,  1887,  a  quoi-uni  being 
present,  an  application  being  made  to  th(^  Soiitli  Park 
Commissioners  by  tlie  Chicago  City  Railway,  for  per- 
mission to  cross  with  its  cable  raihvay  tracks  Oakwood 
boulevard,  Drexel  entrance  to  Washington  Park  and 
Midway  Plaisance,  at  the  intersection  of  the  same  with 
Cottage  Grove  avenue. 

Now,  therefore,  subject  to  tbe  conditions  hereinafter 
expressed,  permission  is  hereby  granted  by  the  said 
commissioners  to  the  said  Chicago  City  RailwaA'^  Com- 
pany, to  lay  down  and  ojierate  its  said  track  upon  the 
conditions — that  is  to  say: 

First.  After  putting  the  track  down  the  road  is  to 
be  replaced  in  pei'fect  order  and  condition,  as  it  now 
is,  at  the  expense  of  the  said  railway  company,  and  to 
be  so  kept  at  all  times  by  it. 

Second.  No  cars,  horses,  or  otlier  obstructions,  are 
ever  to  stop  or  stand  ui)on  tlie  boulevards.  All  stop- 
pages to  take  on  or  let  off  ])asscngers,  or  for  otlier  yiur- 
poses,  are  to  be  before  reacliiiig  or  after  crossing  the 
boulevard. 

Third.  The  said  railway  company  is  lo  eiilcr  into 
an  agreement  with  (lie  South  Park  Coiiimissioners  to 
comply  with  all  the  conditions  hereinbefore  and  here- 
inafter contained,  and  also  that  if  at  any  time  the  said 
conditions  and  restrictions  are  not  complied  with,  or 
the  track  and  cars  t  her -on  become  in  the  opinion  of 


204  MISCELLANEOUS  ORDINANCES. 

the  commissioners  too  great  an  obstruction  to  driving 
upon  the  boulevards,  or  if  the  commissioners  for  any 
other  reason  desire  the  track  to  be  removed,  then  the 
said  railway  company  is  to  remove  the  said  track,  and 
replace  the  roads  and  boulevards  in  perfect  order  and 
condition,  as  it  now  is,  all  at  the  expense  of  the  said 
railway  company. 

Fourth.  That  in  the  exercise  of  the  permission  here- 
by granted  said  company  shall  not  make  use  of  steam 
power,  nor  anything  but  horse  or  cable  power,  in  pro- 
pelling, conducting  or  operating  its  cars  across  said 
boulevards,  nor  permit  any  dummy  or  other  engine  to 
cross  or  recross  the  same  at  any  time. 

Fifth.  The  permission  hereby  granted  is  to  be  tem- 
porary, and  subject  to  such  further  or  other  restric- 
tions as  said  commissioners  or  their  successors  may 
from  time  to  time  deem  advisable,  and  also  subject  to 
be  wholly  revoked  in  the  discretion  of  the  said  com- 
missioners. 

Sixth.  That  the  grade  of  the  top  of  the  rails,  at  all 
points  in  the  crossings  named,  shall  be  determined  by 
the  Park  Commissioners,  and  that  the  location  of  man 
holes,  etc.,  within  the  park  limits,  shall  also  be  fixed 
by  the  commissioners. 

Seventh.  That  the  rate  of  speed  at  which  cars  shall 
cross  such  park  territoi*y  shall  not  exceed,  under  any 
circumstances,  five  miles  per  hour. 

Eighth.  That  the  railway  company  will,  at  their  ex- 
pense, keep  a  good  flagman  at  crossings  where  the 
Park  Commissioners  think  it  necessary,  and  that  one 
be  placed  at  Oakwood  and  Fifty-first  street  as  soon 
as  the  operation  of  the  cable  commences. 

Ninth.     That  the  permission  should  be  given  with 


CHICAGO  CITY  RAILWAY  COMPANY.  205 

the  express  condition  that  the  eonipanv  will,  at  their 
own  expense,  make  such  alterations  in  their  tracks, 
etc.,  particularly  at  the  Midway  Plaisance,  as  may 
be  deemed  desirable  by  the  Tark  Commissioners,  as 
further  improvements  are  made,  and  that  the  com- 
pany agree  to  pay  any  additional  cost  which  may  arise 
in  the  construction  of  bridges  that  may  hereafter  be 
determined  upon  by  the  Park  Commissioners,  on  ac- 
count of  making  such  bridges  suitable  for  the  convey- 
ing of  the  cable  and  cars. 

Tenth.  That  the  construction  of  the  road  across  llie 
places  named  shall  be  carried  on  at  the  times  and  in 
the  manner  directed  by  the  Park  Commissioners,  The 
object  being  to  occupy  the  crossings  for  as  short  a  time 
as  possible. 


ORDINANCE  GRANTING  THE  CHICAGO  CITY  RAILWAY  COM- 
PANY PERMISSION  TO  LAY  DOWN,  MAINTAIN  AND  OPER- 
ATE A  DOUBLE  TRACK  STREET  RAILWAY  ACROSS  MICHI- 
GAN AVENUE,  GRAND  BOULEVARD  AND  DREXEL  BOULE- 
VARD AT  FORTY-THIRD  STREET,  ACROSS  MICHIGAN  AVE- 
NUE AT  TWENTY-SIXTH  STREET  AND  ACROSS  WESTERN 
AVENUE  BOULEVARD  AT  ARCHER  AVENUE.  [PASSED  NO- 
VEMBER 9,  1887.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  undertaking 
by  the  Chicago  City  Railway  Company  to  comply  with 
the  conditions  of  this  ordinance,  ])ermission  is  hereby 
granted  to  said  Chicago  City  Railway  Company  to  lay 
down,  maintain  and  operate  a  double  track  street  rail- 
way across  Michigan  avenue,  Crand  boulevard  and 
Drexel  boulevard  at  Forty-third  street,  across  INfichi- 
gan  avenue  at  Twenty-sixth  street,  and  across  Western 
Avenue  boulevard  at  Archer  avenue. 

Sec.  2.    The  said  tracks  shall  be  laid  under  the  super- 


206  MISCELLANEOUS  ORDINANCES. 

Aision  and  diiectioii  ol'  the  siipeiiutendent  of  the  South 
Park  Commissioners,  and  after  tracks  are  laid,  the 
roadways  shall  be  replaced  in  perfect  order  and  condi- 
tion as  they  now  are,  at  the  expense  of  the  said  railway 
company,  and  to  be  so  kept  at  all  times  by  it  in  such 
manner  as  shall  be  directed  by  said  superintendent. 

Sec.  3.  No  cars,  horses,  or  other  obstructions  shall 
ever  stop  or  stand  upon  the  said  boulevards,  or  ave- 
nues, or  crossings;  and  all  stoppages  to  take  on  or  let 
off  passengers,  or  for  other  purposes,  shall  be  before 
reaching  or  after  crossing  the  boulevards. 

Sec.  4.  If  at  any  time  said  conditions  and  restric- 
tions are  not  complied  with,  or  the  track  and  cars 
thereon  become,  in  the  opinion  of  the  South  Park  Com- 
missioners, too  great  an  obstruction  to  driving  upon 
the  said  boulevards  or  avenues,  or  if  the  Commission- 
ers for  any  other  reason  desire  the  said  tracks  to  be 
removed,  then  said  railway  company  is  to  remove  the 
said  tracks  and  rei>lace  the  roadways  and  boulevards 
in  perfect  order  and  condition,  as  the}'-  now  are,  all  at 
the  expense  of  the  said  railway  compan^^ 

Sec.  5.  That  in  the  exercise  of  the  permission  here- 
by granted,  said  company  shall  not  make  use  of  steam 
power,  nor  anything  but  horse  power  in  propelling, 
conducting  or  operating  its  cars  across  said  boulevards 
and  avenues,  nor  permit  any  dummy  or  other  engine 
to  cross  or  recross  the  same  at  any  time. 

Sec.  6.  That  permission  hereby  granted  is  to  be 
temporary,  and  subject  to  such  further  or  other  restric- 
tions as  said  South  Park  Commissioners  or  their  suc- 
cessors may  from  time  to  time  deem  advisable,  and 
also  subject  to  be  wholl}^  revoked  in  the  discretion  of 
the  said  Commissioners. 


CHICAGO  CITY  RAILWAY  COMPANY.  207 

Ser,  7.  This  ordiiunice  shall  be  in  force  from  nii«l 
after  its  ^vritten  acceptance  by  said  Chicaj>()  City  Kail- 
way  (V)mpany.  Unless  sncli  acceptance  be  filed  Avith 
the  secretary  of  said  South  Park  Commissioners  within 
thirty  days  after  the  passa.ue  hcr-eof,  this  ordinance 
shall  be  null  and  void! 


ORDINANCE  GRANTING  THE  CHICAGO  CITY  RAILWAY  COM- 
PANY PERMISSION  TO  LAY  DOWN,  MAINTAIN  AND  OPER- 
ATE A  DOUBLE  TRACK  STREET  RAILWAY  ACROSS  GAR- 
FIELD BOULEVARD  AT  ASHLAND  AVENUE.  [PASSED  AU- 
GUST 14,  1889.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  undertakinG; 
by  the  Chicago  (Hty  Kailwa}'  Comjiany  to  c<»mply  with 
the  conditions  of  this  ordinance,  permission  is  hereby 
granted  to  said  Chicago  City  IJailway  Company  to  lay 
down,  maintain  and  ojterate  a  double  track  street  rail- 
way across  Cartield  boulevard  at  Ashlaml  avenue. 

Sec.  2.  That  said  tracks  shall  be  laid  under  the 
supervision  and  direction  of  the  Su])erinteudent  of  the 
South  Park  Commissioners,  and  after  tracks  are  laid 
tlu^  rctadway  shall  be  replaced  in  ])ei*fect  order  and 
condition,  as  it  now  is,  at  the  expense  ot  the  said  rail- 
way company,  and  to  be  so  kept  by  it  at  all  times  in 
such  manner  as  shall  be  directed  by  said  superintend- 
ent; and  said  Chicago  City  Kailwa}'  Comiiauy  shall 
pave  the  entire  intersection  with  granite  or  brick  pav- 
ing blocks  at  any  time  when  the  South  Park  Commis- 
sioners shall  consider  it  necessary  so  to  do,  and  shall 
make  an  order  for  such  improvement. 

Sec.  3.  No  cars,  horses,  or  other  obstructions  shall 
ever  stop  or  stand  ui>cn  the  said  boulevard  or  crossing; 


208  MISCELLANEOUS  ORDINANCES. 

and  all  stoppages  to  take  ou  or  let  off  passengers,  or 
for  other  purposes,  shall  be  before  reaching  or  after 
crossing  the  boulevard. 

Sec.  4.  If  at  any  time  said  conditions  and  re- 
strictions are  not  complied  with,  or  the  track  and 
cars  thereon  become,  in  the  opinion  of  the  South  Park 
Commissioners,  too  great  an  obstruction  to  driving 
upon  said  boulevard  or  avenue,  or  if  the  Commission- 
ers for  any  other  reason  desire  the  said  tracks  to  be 
removed,  then  said  railway  company  is  to  remove  the 
said  tracks  and  replace  the  roadway  and  boulevard  in 
perfect  order  and  condition  as  they  now  are,  all  at  the 
expense  of  the  said  railway  company. 

Sec.  5.  That  in  the  exercise  of  the  permission  here- 
by granted  said  company  shall  not  make  use  of  steam 
power,  nor  anything  but  horse  power  in  propelling, 
conducting  or  operating  its  cars  across  said  boulevard, 
nor  permit  any  dumni}',  or  other  engine,  to  cross  or  re- 
cross  the  same  at  any  time. 

Sec.  6.  That  permission  hereby  granted  is  to  be  tem- 
porary and  subject  to  sucli  further  or  other  restrictions 
as  said  South  Park  Commissioners  or  their  successors 
may,  from  time  to  time,  deem  advisable,  and  also  sub- 
ject to  be  wholly  revoked  in  the  discretion  of  the  said 
Commissioners. 

Sec.  7.  This  ordinance  shall  be  in  force  from  and 
after  its  written  acceptance  by  said  Chicago  City  Rail- 
way Company.  Unless  such  acceptance  be  filed  with 
the  secretary  of  the  said  South  Park  Commissioners 
within  thirty  days  after  the  passage  hereof,  this  ordi- 
nance shall  be  null  and  void. 


CHICAGO  CITY  RAILWAY  COMPANY.  209 

ORDINANCE  GRANTING  THE  CHICAGO  CITY  RAILWAY  COM- 
PANY PERMISSION  TO  LAY  DOWN,  MAINTAIN  AND  OPER- 
ATE A  DOUBLE  TRACK  STREET  RAILWAY  ACROSS  GRAND 
BOULEVARD  AND  MICHIGAN  AVENUE  AT  FORTY-SEVENTH 
STREET.     [PASSED  MAY  IITH,  1892.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  nndertakini;- 
by  the  Chicago  City  Railway  Company  to  compl}'  with 
the  conditions  of  tliis  ordinance,  permission  is  hereby 
granted  to  said  Chicago  Cit}-  Railway-  Company  to  lay 
down,  maintain  and  operate  a  double  track  street  rail- 
way across  Crand  boulevard  and  Michigan  avenue  at 
Fortj'-seventh  street. 

Sec.  2.  That  said  tracks  shall  be  laid  under  the  su- 
pervision and  direction  of  the  Superintendent  of  the 
South  Park  Commissioners,  and  after  tracks  are  laid, 
the  roadway'  shall  be  replaced  in  perfect  order  and 
condition,  at  the  expense  of  the  said  railway  compam*, 
and  to  be  so  kept  by  it  at  all  times  in  such  manner 
as  shall  be  directed  by  said  Superintendent;  and 
when  said  tracks  are  laid  the  said  railway  company 
shall  pave  the  s])ace  between  their  rails  and  for  a 
space  of  twelve  feet  in  width  on  each  side  of  the  outer 
rails  in  said  Crand  boulevard  and  Michigan  avenue 
crossings,  with  granite  blocks  in  a  manner  satisfactory' 
to  said  South  Park  Commissioners;  and  said  railway 
company  shall  pave  the  entire  intersection  of  said 
crossings  with  granite  or  brick  paving  blocks  at  any 
time  when  the  South  Park  Commissioners  shall  con- 
sider it  necessary  so  to  do,  and  shall  make  an  order 
for  such  improvement 

Sec.  3.  No  cars,  horses,  or  other  obstructions  shall 
ever  stop  or  stand  upon  the  said  crossings;  and  all  stop- 
pages to  take  on  or  let  off  passengers,  or  for  other  pin- 


210  MISCELLANEOUS  ORDINANCES. 

poses,  shall  be  before  reaebino-  or  after  crossing  the 
said  boulevard  and  avenue. 

Sec.  4.  If  at  any  time  said  conditions  and  restric- 
tions are  not  complied  with,  or  the  tracks  and  cars 
thereon  become,  in  the  opinion  of  the  South  Park  Com- 
missioners, too  great  an  obstruction  to  driving  upon 
said  boulevard  or  avenue  or  if  the  commissioners  for 
any  other  reason  desire  the  said  tracks  to  be  removed, 
then  said  railway  company  is  to  remove  the  said  tracks, 
and  replace  the  roadway  and  crossings  in  perfect  order 
and  condition  as  they  now  are,  all  at  the  expense  of 
the  said  railway  company. 

Sec.  5.  That  in  the  exercise  of  the  permission  hereby 
granted,  the  said  Chicago  City  Railwa^^  Company  shall 
not  make  use  of  steam  power  in  propelling  or  operating 
its  cars  across  said  boulevard  and  avenue,  nor  permit 
an}'  dummy  or  other  engine  to  cross  or  recross  the 
same  at  any  time.  Provided,  however,  that  if  said  com- 
pany should  determine  to  operate  and  propel  its  cars  at 
the  points  mentioned  b}"  electricity,  the  said  company 
is  hereby  permitted  to  so  propel  and  operate  its  cars, 
but  it  is  especiall}'  provided  and  understood  that  no 
pole  for  carrying  the  electric  wire  shall  be  placed 
within  the  lines  of  said  boulevard  and  avenue,  or  cross 
the  same  except  only  by  the  consent  and  approval  of 
the  Superintendent  of  the  South  Park  Commissioners. 

Sec.  6.  That  permission  hereby  granted  is  to  be 
temporary  and  subject  to  such  further  or  other  restric- 
tions as  said  South  Park  Cx^mmissioners  or  their  suc- 
cessors may,  from  time  to  time,  deem  advisable,  and 
also  subject  to  be  wholly  revoked  in  the  discretion  of 
the  said  Commissioners. 

Sec.  7.     This  ordinance  shall  be  in  force  from  and 


CHICAGO  CITY  RAILWAY  COMPANY.  211 

after  its  written  juceptance  by  sai<l  Chicago  City  Kail- 
way  C<niii)aiiy;  unless  such  acceptance  be  filed  with 
the  S(M'i-etaiy  of  the  said  South  l*ai-k  Commissioners 
within  thirty  days  after  the  i)assage  hereof,  this  ordi- 
nance shall  be  null  and  void. 


ORDINANCE  GRANTING  THE  CHICAGO  CITY  RAILWAY  COM- 
PANY PERMISSION  TO  LAY  DOWN,  MAINTAIN  AND  OPER- 
ATE A  DOUBLE  TRACK  STREET  RAILWAY  ACROSS  WEST- 
ERN AVENUE  BOULEVARD  AT  THIRTY-FIFTH  STREET. 
[PASSED  OCTOBER  12TH,  1892.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  undertaking 
by  the  Chicago  City  Railway  Company  to  comply  with 
the  conditions  of  this  ordinance,  permission  is  hereby 
granted  to  said  Chicago  City  liailway  Company  to  lay 
down,  maintain  and  operate  a  double  track  street  rail- 
way across  Western  Avenue  boulevard  at  Thirty-tifth 
street. 

Sec.  2.  That  said  tracks  shall  be  laid  to  the  grade 
and  line  indi<ated  by  the  South  Park  Commissioners 
and  under  th«^  sui»ervisi(»u  and  <lirection  of  the  Super- 
intendent of  the  South  Park  Commissioners,  and  after 
tracks  are  laid,  the  roa<lway  shall  be  replaced  in  i)er- 
fect  order  and  condition,  as  i1  now  is,  at  the  exiKMise 
of  the  said  railway  comi>any,  and  to  be  so  kejtt  by  it 
at  all  times  in  such  manner  as  shall  be  direi'ted  by  said 
Superintendent,  and  said  Chicago  City  Railway  Com- 
pany shall  pave  the  si)ace  between  the  rails  and  for 
twelve  feet  on  each  side  of  the  outer  rail,  from  the  east 
line  of  the  boulevard  to  the  east  line  of  Western  Ave- 
nue road,  to  the  grade  given  by  the  South  Park  Com- 
missioners, with  granite  paving  blocks. 


212  MISCELLANEOUS  ORDINANCES. 

Sec.  3.  No  cars,  horses,  or  other  obstructions  shall 
ever  stop  or  stand  upon  the  said  Iboulevard  or  crossing, 
and  all  stoppages  to  take  on  or  let  off  passengers,  or 
for  other  purposes  shall  be  before  reaching  or  after 
crossing  the  boulevard. 

Sec.  4.  If  at  any  time  said  conditions  and  restric- 
tions are  not  complied  with,  or  the  tracks  and  cars 
thereon  become  in  the  opinion  of  the  South  Park  Com- 
missioners too  great  an  obstruction  to  driving  upon 
said  boulevard,  or  if  the  Commissioners  for  any  other 
reason  desire  the  said  tracks  to  be  removed,  then  said 
railway  company  is  to  remove  the  said  tracks  and  re- 
place the  roadway  and  boulevard  in  perfect  order  and 
condition  as  they  now  are,  all  at  the  expense  of  the 
said  railway  compan}^ 

Sec.  5.  That  in  the  exercise  of  the  permission  hereby 
granted,  said  companj^  shall  not  make  use  of  steam 
power,  nor  anything  but  horse  power  in  propelling, 
conducting  or  operating  its  cars  across  said  boulevard, 
nor  permit  any  dummy  or  other  engine  to  cross  or  re- 
cross  the  same  at  an}"  time. 

Sec.  6.  That  the  permission  hereby  granted  is  to  be 
temporary  and  subject  to  such  fnrtlier  or  other  restric- 
tions as  said  South  Park  Commissioners  or  their  suc- 
cessors may  from  time  to  time  deem  advisable,  and  also 
subject  to  be  whoU}'  revoked  in  the  discretion  of  said 
commissioners. 

Sec.  7.  This  ordinance  shall  be  in  force  from  and 
after  its  written  acceptance  by  said  Chicago  City  Rail- 
way Company.  Unless  such  acceptance  be  filed  with 
the  Secretary  of  the  said  South  Park  Commissioners 
within  thirty  days  after  the  passage  hereof,  this  ordi- 
nance shall  be  null  and  void. 


CHICAGO  CITY  RAILWAY  COMPANY.  213 

AMENDMENT  TO  ORDINANCE  GRANTING  THE  CHICAGO  CITY 
RAILWAY  COMPANY  PERMISSION  TO  LAY  DOWN,  MAIN- 
TAIN AND  OPERATE  A  DOUBLE  TRACK  STREET  RAILWAY 
ACROSS  WESTERN  AVENUE  BOULEVARD  AT  THIRTY- 
FIFTH  STREET.     [PASSED  NOVEMBER  IITH,  1892.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  section  5  of  an  ordinance  lieretofore 
passed  on  the  12th  day  of  October,  1892,  by  the  South 
Park  Commissioners,  being  an  ordinance  granting  to 
the  Cliicago  City  Railway  Company  permission  to  lay 
down,  maintain  and  operate  a  double  track  street  rail- 
May  across  Western  Avenue  Boulevard  at  Thirty-fifth 
street,  be,  and  the  same  is  hereby'  amended  by  striking 
from  said  ordinanc(,'  said  section  5,  and  inserting  in 
lieu  and  stead  thereof  the  following: 

Sec.  5.  That  in  the  exercise  of  the  permission  here- 
by granted  said  Chicago  City  Railway  Company  shall 
not  make  use  of  steam  power  nor  anything  but  horse 
power  and  electric  power  in  propelling,  conducting 
and  operating  its  cars  across  said  boulevard,  nor  per- 
mit any  dummy  or  other  engine  to  cross  or  recross  the 
same  at  au}'  time. 

Sec.  2.  This  ordinance  shall  be  in  force  and  take  ef- 
fect from  and  after  its  written  acceptance  by  said  Chi- 
cago City  Railway  Company,  and  unless  said  accept- 
ance be  filed  with  the  secretary  of  the  Board  of  South 
Park  Commissioners  within  80  days  after  its  passage 
this  ordinance  shall  be  null  and  void. 


214  MISCELLANEOUS  ORDINANCES. 

ORDINANCE  GRANTING  TO  CHICAGO  CITY  RAILWAY  COM- 
PANY PERMISSION  TO  OPERATE,  WITH  ELECTRIC  POWER 
ACROSS  GARFIELD  BOULEVARD  AT  INTERSECTION  OF 
HALSTED  STREET.     [PASSED   SEPTEMBER   12TH,   1894.] 

Whereas,  on  November  12tli,  1884,  tlje  Chicago  (ity 
Kailway  Company  was  given  permission  to  cross  Gar- 
field boulevard  at  Halsted  street,  subject  to  certain 
conditions  imposed  upon  said  Chicago  City  Kailway 
Company; 

And,  whereas.  The  said  Chicago  City  Railway  Com- 
pany is  now  desirous  of  using  electric  power  for  the 
propelling  of  its  cars,  instead  of  horse  power; 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  undertak- 
ing b}^  the  Chicago  City  IJailway  Company  to  comply 
with  the  conditions  heretofore  imposed  upon  it  in  ref- 
erence to  the  crossing  of  Garfield  boulevard  at  its  inter- 
section with  Halsted  street,  and  also  to  comply  with 
the  conditions  of  this  ordinance,  permission  is  hereby 
given  to  said  (^^hicago  City  Railway  Company  to  make 
use  of  electric  power  in  propelling,  conducting  or  op- 
erating its  street  cars  across  Garfield  boulevard  at  its 
intersection  with  Halsted  street. 

Sec.  2.  That  the  said  tracks  now  on  said  boulevard 
shall  be  replaced  or  made  suitable  to  the  use  of  street 
cars  propelled  by  electric  power,  under  the  supervis- 
ion and  direction  of  the  superintendent  of  the  South 
Park  Commissioners,  and  after  the  tracks  are  so  re- 
newed or  made  suitable  to  the  purpose  of  street  cars 
propelled  by  electric  power,  the  roadway  shall  be  re- 
placed in  perfect  order  and  condition  at  the  expense 
of  said  railway  company,  and  to  be  so  kept  by  it  at  its 
expense  at  all  times  in  such  manner  as  shall  be  direct- 


CHICAGO  CITY  RAILWAY  COMPANY.  215 

ed  by  said  superintendent,  and  when  said  tracks  are 
so  renewed  or  made  suitable  to  the  i)urpose  of  street 
cars  propelled  by  <de<tric  p(»wer,  the  said  railway  com- 
pauy  shall  pave  the  s])a(e  between  their  rails,  and  also 
the  space  on  each  side  of  their  tracks  extending-  to  the 
gutter  line  established  by  the  South  Park  roniniission- 
ers  Avith  granite  paving  block  in  a  numner  satisfactory 
to  the  said  South  Park  Commissioners,  and  shall  main- 
tain this  pavement  in  good  condition. 

Sec.  3.  That  said  railway  company  shall  have  the 
privilege  of  erecting  four  iron  posts  in  Gartield  boule- 
vard at  the  crossing  of  ilalsted  street  at  })oiuts  imli- 
cated  by  the  South  Park  Commissioners;  that  said 
posts  shall  be  of  character  and  size  satisfactory  to  the 
said  Park  Commissioners;  that  the  trolley  and  sup- 
porting wires  held  by  the  said  four  posts  shall  be  at 
an  elevation  above  the  surface  of  said  boulevard  indi- 
cated by  the  said  South  Park  Commissioners,  not,  how- 
ever, to  be  less  than  sixteen  fet^;  that  no  feed  wire  or 
wires  shall  cross  the  said  boulevard  above  the  surface 
of  said  boulevard. 

S<M-.  4.  That  no  feed  wiiM^  or  wires  or  any  other  con- 
ductors, conveyors  or  conduits  other  than  the  trolley 
and  supi)ortihg  wires  above  referred  to  shall  be  placed 
or  maintained  by  th(^  said  railway  comj)an3^  across  said 
boulevard;  that  if  any  feed  wire  (►r  wires  are  necessary 
to  be  run  across  the  said  boulevard,  special  i)ermission 
shall  first  be  obtained  thereto  from  the  South  Park 
Commissioners,  and  if  permission  is  granted  such  feed 
wires  shall  be  carri(Ml  under  ground  under  the  direc- 
tions prescribed  and  conditions  imposed  by  the  South 
Park  Commissioners. 

Sec.  5.     No  street  cars,  horses  or  other  obstructions 


216  MISCELLANEOUS  ORDINANCES. 

shall  ever  stop  or  stand  upon  the  said  crossings,  and 
all  stoppage  of  cars  to  take  on  or  let  oft'  passengers,  or 
for  other  purposes,  shall  be  before  reaching  or  after 
crossing  the  said  boulevard. 

Sec.  6.  The  said  railway  company  shall  not  at  any 
time  operate  or  propel  its  cars  across  the  said  boule- 
vard at  a  rate  of  speed  exceeding  four  miles  an  hour. 

Sec.  7.  That  in  the  exercise  of  the  permission  here- 
by granted  the  said  Chicago  City  Railway  Company 
shall  not  make  use  of  any  other  ]30wer  in  propelling 
and  operating  its  cars  across  said  boulevard  than  the 
power  for  which  permission  is  hereby  granted,  nor 
shall  the  said  electric  power  be  any  other  than  by 
means  of  electric  motors  placed  on  said  street  cars  and 
operated  by  an  electric  current  generated  by  stationary 
machinery  at  a  distance  and  conveyed  to  the  said 
street  cars  through  the  agency  of  an  overhead  trolley 
wire. 

Sec.  8.  The  said  Chicago  City  Railway  ComiDany 
shall  indemnify  and  save  harmless  the  said  South  Park 
Commissioners  against  and  from  any  and  all  damages, 
judgments,  decrees  and  costs  and  expenses  which  said 
South  Park  Commissioners  may  suffer  and  which  may 
be  recoverable  or  obtained  against  said  South  Park 
Commissioners  for  or  by  reason  of  the  granting  of  the 
privileges  hereby  conferred  upon  said  railway  com- 
pany or  for  or  by  reason  of,  or  growing  out  of,  or  result- 
ing from,  the  exercise  by  said  railway  company  of  the 
privileges  hereby  granted. 

Sec.  9.  The  permission  hereby  granted  is  to  be  tem- 
porary and  subject  to  such  further  or  other  restrictions 
as  said  South  Park  Commissioners  or  their  successors 
may  from  time  to  time  deem  advisable  and  also  sub- 


CHICAGO  CITY  RAILWAY  COMPANY.  217 

ject  to  be  wliully  revoked  iii  the  discretiou  of  the  said 
Commissioners. 

Sec.  10.  Tliis  ordinauee  shall  be  in  force  from  and 
after  its  written  acceptance  by  the  said  Chicago  City 
Kailwa}^  Company,  and  unless  such  acceptance  be  filed 
with  the  secretary  of  the  South  Park  Conimissioners 
within  thirty  daj^s  after  the  passage  hereof  this  ordi- 
nance shall  be  null  and  void. 


ORDINANCE  GRANTING  TO  CHICAGO  CITY  RAILWAY  COM- 
PANY PERMISSION  TO  OPERATE  WITH  ELECTRIC  POWER 
ACROSS  MICHIGAN  AVENUE  AT  INTERSECTION  OF 
THIRTY-NINTH  STREET,  GRAND  BOULEVARD  AT  INTER- 
SECTION ,0F  THIRTY-NINTH  STREET,  AND  GARFIELD 
BOULEVARD  AT  INTERSECTION  OF  WENTWORTH  AVE- 
NUE.    [PASSED  OCTOBER  31ST,  1894.'] 

Whereas,  The  Chicago  City  Kail  way  Company  lias 
tracks  across  Michigan  avenue  at  Thirty-ninth  street, 
Grand  Boulevard  at  Thirty-ninth  street,  and  (Jarfield 
I»oulevar<l  at  AVentworth  avenue,  subject  to  certain 
conditions  imi>osed  by  ordinances  giving  permission  to 
hw  said  tracks; 

And  whereas.  The  said  Chicago  City  llaihvay  (\>m- 
pany  is  noAv  desirous  of  using  electric  power  for  the 
|)ro]Mdling  of  its  cars  instead  of  horse  jiower; 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  considcn'ation  of  the  undertaking 
by  the  Chicago  City  Kailway  Company  to  comply  with 
the  conditions  heretofore  imposed  upon  it  in  reference 
to  the  crossing  of  Michigan  avenue  at  Thirty-ninth 
street,  Grand  Boulevard  at  Thirty-ninth  street,  and  Gar- 
field Boulevard  at  Went woith  avenue;  and  also  to  com- 


218  MISCELLANEOUS  ORDINANCES. 

ply  with  the  conditions  of  tliis  ordinance,  permission  i.s 
hereby  given  to  said  Chicago  City  Railway  Company  to 
make  use  of  electric  power  in  propelling,  condncting 
and  operating  its  cars  across  Michigan  avenue  at  Thir- 
ty-ninth street,  Grand  Boulevard  at  Thirty-ninth 
street,  and  Garfield  Boulevard  at  Wentworth  avenue. 

Sec.  2.  That  the  said  tracks  now  on  said  avenue  and 
boulevards  shall  be  replaced  or  made  suitable  to  the 
use  of  street  cars  propelled  by  electric  power,  under 
the  supervision  and  direction  of  the  superintendent  of 
the  South  Park  Commissioners,  and  after  the  tracks 
are  so  renewed  or  made  suitable  to  the  purpose  of 
street  cars  propelled  by  electric  power,  the  roadway 
shall  be  replaced  in  perfect  order  and  condition  at  (he 
expense  of  said  railway  company,  and  to  be  so  kept 
by  it  at  its  expense  at  all  times,  in  such  manner  as  shall 
be  directed  by  said  superintendent;  and  when  said 
tracks  are  so  renewed  or  made  suitable  to  the  purpose 
of  street  cars  propelled  by  electric  power  the  said  rail- 
way company  shall  pave  the  space  between  the  rails, 
and  also  the  space  on  each  side  of  their  tracks  extend- 
ing to  the  gutter  line  establislied  by  the  South  Park 
Commissioners  with  granite  paving  block,  or  brick,  or 
such  material  as  directed  by  and  in  a  manner  satis- 
factory to  said  South  Park  Commissioners,  and  shall 
maintain  this  pavement  in  good  condition. 

Sec.  3.  That  said  railway  company  shall  have  the 
privilege  of  erecting  four  iron  posts  in  Grand  Boule- 
vard at  the  crossing  of  Thirty-ninth  street,  and  four 
iron  posts  in  Garfield  Boulevard  at  the  crossing  of 
Wentworth  avenue,  at  points  indicated  by  the  South 
Park  Commissioners;,  that  said  posts  shall  be  of  the 
character  and  size  satisfactory  to  said  Commissioners; 


CHICAGO  CITY  RAILWAY  COMPANY.  219 

that  the  trolley  aud  supporting  wires  held  by  said  four 
posts  shall  be  at  an  elevation  above  the  surface  of  said 
avenue  aud  boulevards  indicated  bv  said  South  Park 
Commissioners,  not,  however,  to  be  less  than  sixteen 
feet;  that  no  feed  wire,  or  wires,  shall  cross  the  said 
avenue  and  boulevards  above  the  surface  of  said  ave- 
nue and  boulevards. 

Sec.  4.  That  no  feed  wire  or  wires  or  any  other  con- 
ductors, conveyors  or  conduits  other  than  the  trolley 
and  supporting  wires  above  referred  to,  shall  be  placed 
or  maintained  by  said  railway  company  across  said  av- 
enue or  boulevards;  that  if  any  feed  wire  or  wires  are 
necessary  to  be  run  across  the  said  avenue  or  boule- 
vards special  permission  shall  first  be  obtained  thereto 
from  the  South  Park  Commissioners,  and  if  permis- 
sion is  granted  such  feed  wires  shall  be  carried  under 
ground  under  the  directions  prescribed  and  conditions 
imposed  by  the  said  South  Park  Commissioners. 

Sec.  5.  No  street  cars,  horses  or  other  obstructi(»ns 
shall  ever  stop  or  stand  upon  said  crossings,  and  all 
stoppages  of  cars  to  take  on  or  let  off  passengers,  or 
for  any  other  ]>urpose,  shall  be  bef<u"e  reaching  or  afler 
crossing  the  said  avenue^  or  boulevards. 

Sec.  H.  The  said  railway  comj)any  shall  not  at  any 
time  ojM^rate  or  propel  its  cars  across  the  said  avenue 
or  boulevards  at  a  rate  of  speed  exceeding  four  miles 
an  hour,  having  first  made  a  full  sto])  before  <Mitering 
on  said  avenue  or  boulevards. 

Sec.  7.  That  in  the  exercise  of  the  ]>erniission  here- 
by granted  the  said  Chicago  City  Kailway  ('ompany 
shall  not  make  use  of  any  other  power  in  ]tro])elling 
and  operating  its  cars  across  said  avenue  or  boulevards 
than  the  power  for  w  hich  permission  is  hereby  granted, 


220  MISCELLANEOUS  ORDINANCES. 

nor  shall  the  said  electric  power  be  any  other  than  by 
means  of  electric  motors  placet!  on  said  street  cars  and 
operated  by  an  electric  cnrrent  generated  by  station- 
ary machinery  at  a  distance  and  conveyed  to  said  street 
cars  through  the  agency  of  an  overhead  trolley  wire. 

Sec.  8.  That  said  Chicago  City  Railway  Company 
shall  indemnify  and  save  harmless  the  said  South  Park 
Commissioners  against  and  from  any  and  all  damages, 
judgments,  decrees  and  costs  and  expenses  which  said 
South  Park  Commissioners  may  suffer,  and  which  may 
be  recoverable  or  obtained  against  said  South  Park 
Commissioners  for  or  by  reason  of  the  granting  of  the 
privileges  hereby  conferred  upon  said  railway  com- 
pany, or  for,  or  by  reason  of,  or  growing  out  of,  or  re- 
sulting from,  the  exercise  by  said  railway  company  of 
the  privileges  hereby  granted. 

Sec.  9.  The  permission  hereby  granted  is  to  be  tem- 
porary and  subject  to  such  further  or  other  restrictions 
as  said  South  Park  Commissioners,  or  their  successors, 
nmy  from  time  to  time  deem  advisable,  and  also  subject 
to  be  wholly  revoked  in  the  discretion  of  said  Commis- 
sioners. 

Sec.  10.  This  ordinance  shall  be  in  force  from  and 
after  its  written  acceptance  by  said  Chicago  City  Rail- 
way Company,  and  unless  such  acceptance  be  filed  with 
the  secretary  of  the  South  Park  Commissioners  within 
thirty  days  after  the  passage  hereof  this  ordinance 
shall  be  null  and  void. 


CHICAGO  CITY  RAILWAY  COMPANY.  221 

ORDINANCE  GRANTING  TO  THE  CHICAGO  CITY  RAILWAY 
COMPANY  PERMISSION  TO  OPERATE  WITH  ELECTRIC 
POWER  ACROSS  MICHIGAN  AVENUE  AT  INTERSECTIONS 
OF  TWENTY-SIXTH  STREET,  THIRTY-FIRST  STREET  AND 
FORTY-THIRD  STREET,  ACROSS  GRAND  BOULEVARD  AT 
INTERSECTION  OF  FORTY-THIRD  STREET,  AND  ACROSS 
DREXEL  BOULEVARD  AT  INTERSECTION  OF  FORTY-THIRD 
STREET.     [PASSED  DECEMBER  12TH,  1894.] 

Whereas,  The  Chifaj^o  City  Railway  Company  has 
tracks  across  Mi(hi<;aii  avenue  at  Twenty-sixtli  street, 
Thirt} -tirst  street  and  Forty-tliird  street,  (hand  Boule- 
vard at  Forty-third  street,  and  Drexel  Boulevard  at 
Forty-third  street,  subject  to  certain  conditions  im- 
posed by  ordinances  giving"  permission  to  lay  said 
tracks; 

And,  whereas.  The  Chicago  City  Ilailway  Company 
is  now  desirous  of  using  electiic  power  for  the  propell- 
ing of  its  cars,  instead  of  horse  power; 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  undertaking 
by  the  Chicago  City  Railway  Company  to  comply  with 
tlie  conditions  heretofore  imposed  upon  it  in  reference 
to  the  crossing  of  Michigan  avenue  at  THventy-sixth 
street,  Thirty-first  street  and  Forty-third  street,  (Jrand 
Boulevard  at  Forty-third  street  and  Drexel  Boulevard 
at  Forty-third  street,  and  also  to  comply  with  the  con- 
ditions of  this  ordinance,  i)ermissioii  is  hereb,y  given 
to  said  Chicago  City  Railway  Companj^  to  make  use  of 
electric  power  in  propelling,  conducting  and  operating 
Its  cars  across  Michigan  avenue  at  Twenty-sixtli  stn^et. 
Thirty-first  street  and  Forty-third  street,  (Irand  Boule- 
vard at  Forty-third  street  and  Drexel  Boulevard  at 
Forty-third  street. 

Sec.  2.     That  the  said  tracks  now  on  said  avenue  and 


222  MISCELLANEOUS  ORDINANCES. 

boulevards  shall  be  replaced  or  made  suitable  to  tlie 
use  of  street  ears  propelled  by  electric  power,  under 
the  supervision  and  direction  of  the  superintendent  of 
the  South  Park  T'omniissioners,  and  after  the  tracd^s 
are  so  renewed  or  made  suitable  to  the  purpose  of  street 
cars  propelled  by  electric  power  the  roadway  shall  be 
replaced  in  perfect  order  and  condition  at  the  expense 
of  the  said  railway  company,  and  to  be  so  kept  b}"  it 
at  its  expense  at  all  times,  in  such  manner  as  shall  be 
directed  by  said  superintendent,  and  when  said  tracks 
are  so  renewed  or  made  suitable  to  the  purpose  of 
street  cars  propelled  by  electric  power  the  said  rail- 
way company  shall  pave  the  space  between  the  rails, 
and  also  the  space  on  each  side  of  their  tracks  extend- 
ing to  the  gutter  line  established  by  the  South  Park 
Commissioners,  with  granite  paving  blocks,  or  brick, 
or  such  material  as  directed  by,  and  in  a  manner  satis- 
factor}^  to  said  South  Park  Commissioners,  and  shall 
maintain  this  pavement  in  good  condition. 

Sec.  3.  That  said  railway  company  shall  have  the 
privilege  of  erecting  four  iron  i:>osts  in  Grand  Boule- 
vard at  the  crossing  of  Forty-third  street  and  four  iron 
posts  in  Drexel  Boulevard  at  the  crossing  of  Forty- 
third  street,  at  points  indicated  hj  the  South'  Park 
Commissioners;  that  said  posts  shall  be  of  the  charac- 
ter and  size  satisfactory  to  said  Commissioners;  that 
the  trolley  and  supporting  wires  held  hj  said  four 
posts  shall  be  at  an  elevation  above  the  surface  of  said 
avenue  and  boulevards  indicated  by  said  South  Park 
Commissioners,  not,  however,  to  be  less  than  sixteen 
feet;  that  no  feed  wire,  or  wires,  shall  cross  the  said 
avenue  and  boulevards  above  the  surface  of  said  ave- 
nue and  boulevards. 


CHICAGO  CITY  RAILWAY  COMPANY.  223 

See.  4.  Tliut  IK)  iVed  wire  or  wires,  or  any  other  con- 
(liiclors,  conveyors  or  condnits,  other  than  the  troHey 
and  su]>|»ortinj;'  wires  above  referred  to,  shall  he 
placed  or  iu;iintained  hy  said  railway  company  across 
said  avenue  or  bouhnards;  that  if  any  feed  wire  or 
wires  are  necessary  to  be  run  across  the  said  avenue 
or  boulevards  special  permission  shall  first  be  obtained 
thereto  from  the  South  Park  Commissioners,  and  if 
])erniission  is  granted,  such  feed  wires  shall  be  carried 
under  ground  under  the  directions  prescribed  and  con- 
ditions imposed  by  the  said  South  Park  Cjommissioners. 

Sec.  5.  Xo  street  cars,  horses  or  other  obstructions 
shall  ever  stop  or  stand  upon  said  crossings,  and  all 
stopi)ages  of  ears  to  take  on  or  let  off  passengers,  or 
for  any  other  purpose,  shall  be  before  reaching  or  after 
crossing  the  said  avenue  or  boulevards. 

See.  ().  The  said  railway  coui])anv  shall  not  at  any 
time  operate  or  propel  its  ears  across  the  said  avenue 
or  boulevards  at  a  rate  of  speed  exceeding  four  miles 
an  hour,  having  first  made  a  full  stop  before  entering 
on  said  avenue  or  boulevards. 

Sec.  7.  That  in  the  c'xereise  of  the  permission  here- 
by granted,  the  said  (-hicago  (Mty  Railway  <'om])any 
shall  not  make  use  of  any  other  ])<)wer  in  ])ro])elling 
and  operating  its  ears  across  said  avenue  or  boulevards 
tliMu  the  power  for  which  permission  is  hereby  grant- 
ed; nor  shall  the  said  electric  ])ow''r  be  any  other  than 
b}'  means  of  electric  motors  placed  on  said  street  ears 
and  operated  by  an  electric  current  generated  by  sta- 
tionary iiia<hiuery  at  a  distance  and  conveyed  to  said 
street  ears  through  the  agency  of  an  overhead  trolh'y 
wire. 

Sec.  8.     The  said  Chicago  City    Railway    Company 


224  MISCELLANEOUS  ORDINANCES. 

shall  indemnify  and  save  liai'mless  the  said  South  Park 
Commissioners  against  and  froin  any  and  all  damages, 
judgments,  decrees  and  costs,  and  expenses  which 
said  South  Park  Commissioners  may  suffer,  and  which 
may  be  recoverable  or  obtained  against  said  South 
Park  Commissioners  for  or  by  reason  of  the  granting 
of  the  privileges  hereby  confeiTed  upon  said  railway 
company,  or  for,  or  by  reason  of,  or  growing  out  of,  or 
resulting  from,  the  exercise  by  said  railway  company  of 
the  privileges  hereby  granted. 

Sec.  9.  The  permission  hereby  granted  is  to  be  tem- 
porary and  subject  to  such  further  or  other  restrictions 
as  said  South  Park  Commissioners,  or  their  successors, 
may  from  time  to  time  deem  advisable,  and  also  sub- 
ject to  be  wholly  revoked  in  the  discretion  of  said  Com- 
missioners. 

Sec.  10.  And,  whereas,  there  was  heretofore  grant- 
ed a  permit,  by  sundry  ordinances,  to  Chicago  City 
Railway  Company  to  propel  its  cars  b^^  electricity 
across  Grand  Boulevard  and  Michigan  avenue  at  For- 
ty-seventh street,  and  also  Garfield  Boulevard  at  Hal- 
sted  street,  and  also  Western  Avenue  Boulevard  at 
Thirty-fifth  street,  upon  terms  and  conditions  therein 
respectively  contained,  and  wherein  respectively  there 
is  no  provision  compelling  the  cars  to  come  to  a  full 
stop  before  crossing  said  respective  boulevards. 

NOW,  THEREFORE,  IT  IS  HEREBV  FURTHER  ORDAINED 
BY  THE  SOUTH   PARK  COMMISSIONERS, 

That  said  Chicago  City  Railway  Company  shall  at 
each  of  the  intersections  herein  last  mentioned,  to- 
wit:  At  Grand  Boulevard  and  Michigan  avenue,  at 
Forty-seventh  street,  Garfield  Boulevard  at  Halsted 
street,  and  also  at  Western  Avenue  Boulevard  at  Thir- 


CHICAGO  CITY  RAILWAY  COMPANY.  225 

tv-fifth  street,  cause  each  and  every  car  before  cross- 
ing said  respective  boulevards  to  come  to  a  full  stop. 

Sec.  11.  That  uo  car  of  the  Chicago  City  Railway 
Company  propelled  by  electricity  shall  cross  any  bou- 
levard under  the  control  and  jurisdiction  of  the  South 
Park  Commissioners  at  a  greater  rate  of  speed  than 
four  miles  per  hour. 

Sec.  12.  This  ordinance  shall  be  in  force  from  and 
after  its  written  acceptance  by  said  Cliicago  City 
Hallway  Company,  and  unless  such  acceptance  be  filed 
with  the  secretary  of  the  South  Park  Commissioners 
within  thirty  days  after  the  passage  hereof  this  ordi- 
nance shall  be  null  and  void. 


ORDINANCa  GRANTING  TO  THE  CHICAGO  CITY  RAILWAY 
COMPANY  PERMISSION  TO  OPERATE  WITH  ELECTRIC 
POWER  ACROSS  GARFIELD  BOULEVARD  AT  THE  INTER- 
SECTION OF  ASHLAND  AVENUE,  AND  WESTERN  AVENUE 
AT  THE  INTERSECTION  OF  ARCHER  AVENUE.  [PASSED 
MAY  8TH,  1895.] 

Whereas,  The  Chicago  (^\tj  Railway  Company  has 
tracks  across  Garfield  Boulevard  at  Ashland  avenue, 
and  Western  avenue  at  Archer  avenue,  subject  to  cer- 
tain conditions  imposed  by  ordinances  giving  permis- 
sion to  lay  said  tracks; 

And,  whereas.  The  Chicago  City  Railway  Company 
is  now  desirous  of  using  electric  power  for  the  propell- 
ing of  its  cars,  instead  of  horse  power; 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  undertak- 
ing by  the  Chicago  CMty  Railway  Company  to  comply 
with  the  conditions  heretofore  imposed  upon  it  in  ref- 


226  MISCELLANEOUS  ORDINANCES. 

ereiice  to  tlie  crossing  of  Garfield  Boulevard  at  Ash- 
land avenue,  and  Westerr.  avenue  at  Archer  avenue, 
and  also  to  comply  with  the  conditions  of  this  ordi- 
nance, permission  is  hereby  given  to  said  Oliicago  City 
Eaihvay  Company  to  nmke  use  of  electric  power  in 
propelling,  conducting  and  operating  its  cars  across 
Garfield  Boulevard  at  Ashland  avenue  and  Western 
avenue  at  Archer  avenue. 

Sec.  2.  That  the  said  tracks  now  on  said  avenue 
and  boulevard  shall  be  replaced  or  made  suitable  to  the 
use  of  street  cars  propelled  hj  electric  power,  under 
the  supervision  and  direction  of  the  superintendent  of 
the  South  Park  Commissioners,  and,  after  the  tracks 
are  so  renewed  or  made  suitable  to  the  purpose  of 
street  cars  propelled  by  electric  power,  the  roadway 
shall  be  replaced  in  perfect  order  and  condition  at  the 
expense  of  the  said  railway  company,  and  to  be  so  kept 
by  it  at  its  expense  at  all  times  in  such  manner  as  shall 
be  directed  by  said  superintendent,  and  when  said 
tracks  are  so  renewed  or  made  suitable  to  the  purpose 
of  street  cars  propelled  by  electric  power  the  said  rail- 
way company  shall  pave  the  space  between  tjie  rails, 
and  also  the  space  on  each  side  of  the  tracks  extending 
to  the  gutter  line  established  by  the  South  Park  Com- 
missioners, with  granite  paving  blocks,  or  brick,  or 
such  material  as  directed  by,  and  in  a  manner  satisfac- 
tory to  said  South  Park  Commissioners,  and  shall 
maintain  this  pavement  in  good  condition. 

Sec.  3.  That  said  railwa}'^  company  shall  have  the 
privilege  of  erecting  four  iron  posts  in  Garfield  Boule- 
vard at  the  crossing  of  Ashland  avenue,  and  such 
number  of  iron  posts  as  may  be  directed  by  the  South 
Park  Commissioners,  not    exceeding  five,  in  Western 


CHICAGO  CITY  RAILWAY  COMPANY.  227 

avenue  at  the  crossin*;  of  Archer  avenue,  at  points  indi- 
cated by  the  South  Park  Commissioners;  that  said 
posts  shall  be  of  the  character  and  size  satisfactory  to 
said  Commissioners;  that  the  trolley  and  supporting- 
wires  held  by  said  posts  shall  be  at  an  elevation  above 
the  sui-face  of  said  avenue  and  boulevard  indicated  by 
.said  South  Park  Commissioners,  not,  however,  to  be 
less  than  sixteen  feet;  that  no  feed  wire,  or  wires,  shall 
cross  the  said  avenue  and  boulevard  above  the  surface 
of  said  avenue  and  boulevard. 

Sec.  4.  That  no  feed  wire  or  wires,  or  any  other  con- 
ductors, conveyors  or  conduits,  other  than  the  trolley 
and  supporting*  wires  above  referred  to,  shall  be  placed 
or  maintained  by  said  raihvay  company  across  said 
avenue  or  boulevard;  that  if  any  feed  wire  or  wires 
are  necessary  to  be  run  across  the  said  avenue  or  boule- 
vard special  permission  shall  first  be  obtained  thereto 
from  the  South  Park  Commissioners,  and  if  permis- 
sion is  granted  such  feed  wires  shall  be  carried  under 
ground  under  the  directions  prescribed  and  conditions 
imposed  by  the  said  South  Park  Commissioners. 

Sec.  5.  No  street  cars,  horses,  or  other  obstructions 
shall  ever  stop  or  stand  upon  said  crossings,  and  all 
stoppages  of  cars  to  take  on  or  let  off  passengers,  or  for 
any  other  purpose,  shall  be  before  reaching  or  after 
crossing  the  said  avenue  or  boulevard. 

Sec.  (\.  The  said  railway  company  shall  not  at  any 
time  operate  or  propel  its  cars  across  the  said  avenue 
or  boulevard  at  a  rate  of  speed  exceeding  four  miles  an 
liour,  having  first  made  a  full  stop  before  entering  on 
said  avenue  or  boulevard. 

Sec.  7.  That  in  the  exercise  of  the  permission  here- 
by granted  the  said  Chicago    City    Railway  Company 


228  MISCELLANEOUS  ORDINANCES. 

shall  not  make  use  of  any  other  power  in  propelling 
and  operating  its  cars  across  said  avenue  or  boulevard 
than  the  power  for  which  permission  is  hereby  grant- 
ed, nor  shall  the  said  electric  power  be  any  other  than 
by  means  of  electric  motors  placed  on  said  street  cars 
and  operated  by  an  electric  current  generated  by  sta- 
tionary machinery  at  a  distance  and  conveyed  to  said 
street  cars  through  the  agency  of  an  over-head  trolley 
wire. 

Sec.  8.  The  said  Chicago  City  Railway  Company 
shall  indemnify  and  save  harmless  the  said  South  Park 
Commissioners  against  and  from  any  and  all  damages, 
judgments,  decrees  and  costs,  and  expenses  which  said 
South  Park  Commissioners  ma^^  suffer  and  which  may 
be  recoverable  or  obtained  against  said  South  Park 
Commissioners  for  or  b^^  reason  of  the  gTanting  of  the 
privileges  hereby  conferred  upon  said  railway  compa- 
ny, or  for,  or  by  reason  of,  or  growing  out  of,  or  result- 
ing from  the  exercise  by  said  railwa^^  company  of  the 
privileges  hereby  granted. 

Sec.  9.  The  permission  hereby  granted  is  to  be  tem- 
porary and  subject  to  such  further  or  other  restric- 
tions as  said  South  Park  Commissioners,  or  their  suc- 
cessors, may  from  time  to  time  deem  advisable,  and 
also  subject  to  be  wholly  revoked  in  the  discretion  of 
said  Commissioners. 

Sec.  10.  This  ordinance  shall  be  in  force  from  and 
after  its  written  acceptance  b}"  said  Chicago  City  Rail- 
way Company,  and  unless  such  acceptance  be  filed 
with  the  secretary  of  the  South  Park  Commissioners 
within  thirty  days  after  the  passage  hereof  this  ordi- 
nance shall  be  null  and  void. 


CHICAGO  CITY  RAILWAY  COMPANY.  229 

ORDINANCE  GRANTING  TO  THE  CHICAGO  CITY  RAILWAY 
COMPANY  PERMISSION  TO  LAY  DOWN,  MAINTAIN  AND 
OPERATE  A  DOUBLE  TRACK  STREET  RAILWAY  AT  FORTY- 
SEVENTH  STREET  ACROSS  WESTERN  AVENUE  BOULE- 
VARD.    [PASSED  JULY  8TH,  1895.] 

Whereas,  The  City  Council  of  the  City  of  Chicago 
heretofore,  to-wit:  on  the  8th  day  of  July,  A.  D.  1895, 
duly  passed  an  ordinance  granting  and  pennitting  the 
Chicago  City  Railway  Company  the  right  to  lay  down, 
maintain  and  operate  by  electricity  and  other  power, 
a  double  track  street  railwa}^  ui>on  and  along  Forty- 
seventh  street  from  the  present  terminus  of  the  tracks 
on  said  Forty-seventh  street  to  the  intersection  of 
Archer  avenue  with  said  street;  therefore, 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of'the  undertaking 
by  the  Chicago  City  Railway  Company  to  comply  with 
the  conditions  of  this  ordinance  permission  is  hereby 
granted  to  said  Chicago  City  Railwa^^  Company  to  lay 
down  and  maintain  a  double  track  street  railway 
across  Western  Avenue  Boulevard  at  Forty-seventh 
street,  and  to  operate  the  same  with  electricity  or  horse 
power. 

Sec.  2.  Said  tracks  shall  be  laid  under  the  super- 
vision and  direction  of  the  superintendent  of  the  South 
Park  Commissioners,  and  after  said  tracks  are  laid  the 
roadway  shall  be  replaced  in  perfect  order  and  condi- 
tion at  the  expense  of  said  railway  company,  and  to  be 
so  kept  by  it  at  all  times,  in  such  manner  as  shall  be 
directed  by  the  superintendent  of  the  South  Park 
Commissioners,  and  when  said  tracks  are  laid  the  said 
railway  company  shall  pave  the  space  between  the 
rails  and  also  on  each  side  of  its  tracks  extending  to 


230  MISCELLANEOUS  ORDINANCES. 

the  curb  and  cross-walk  lines  as  established  by  the 
Park  Commissioners  in  said  Western  Avenue  Boule- 
vard crossing,  with  granite  blocks  or  such  other  Jiia- 
terial  as  the  South  Park  Commissioners  ma}^  deter- 
mine and  direct,  and  in  a  manner  satisfactory  to  said 
superintendent;  and  shall  maintain  such  pavement  in 
good  condition. 

Sec.  3.  That  said  railway  company  shall  have  the 
privilege  of  erecting  the  necessary  iron  posts  on  West- 
ern Avenue  Boulevard  crossing  of  Forty-seventh 
street;  that  such  posts  shall  be  of  a  character  and  size 
satisfactory  to  said  Commissioners;  that  the  trolley 
and  overhead  wires  held  by  said  poles  shall  be  at  an 
elevation  above  the  surface  of  said  boulevard  indicated 
by  the  said  South  Park  Commissioners,  not,  how^ever, 
to  be  less  than  sixteen  feet ;  that  no  feed  wire  or  w^ires 
shall  cross  said  Western  Avenue  Boulevard  crossing  of 
Forty-seventh  street  above  the  surface  of  said  boule- 
vard, and  such  wire  or  wires,  if  any  are  used,  shall  be 
placed  underground  at  said  Western  Avenue  Boule- 
vard crossing  of  Forty-seventh  street,  and  under  the 
direction  and  supervision  of  the  superintendent  of  said 
South  Park  Commissioners;  said  posts  shall  be  placed 
in  such  a  way  and  manner  as  is  satisfactory  to  the  su- 
perintendent of  the  said  South  Park  Commissioners. 

Sec.  4.  That  no  street  cars  or  other  obstructions 
shall  ever  stop  or  stand  upon  said  crossing,  and  all 
stoppages  of  cars  to  take  on  or  let  off  passengers,  or 
for  any  other  purpose,  shall  be  before  reaching  or  after 
crossing  said  boulevard,  and  all  cars  approaching 
said  boulevard  shall  come  to  a  full  stop  before  crossing 
the  same. 

Sec.  5.     Said  railway  company  shall  not  at  any  time 


CHICAGO  CITY  RAILWAY  COMPANY.  231 

operate  or  propel  its  cars  across  said  boulcYard  at  a 
rate  of  speed  exceeding  four  miles  an  hour. 

Sec.  6.  That  in  the  exercise  of  the  permission  here- 
by granted,  the  Chicago  City  Bailway  Company  shall 
not  make  use  of  any  other  power,  nor  propel  or  operate 
its  cars  across  said  boulevard,  than  the  power  for 
which  permission  is  hereby  granted,  nor  shall  said  elec- 
tric power  be  other  than  by  means  of  electric  motors 
placed  on  the  street  cars  and  operated  by  the  electric 
current  geneiated  by  stationary  machinery  placed  at 
a  distance  and  conveyed  to  said  cars  through  the 
agency  of  an  overhead  trolley  wire. 

Sec.  7.  That  the  Chicago  City  Eailway  Compa'ny 
shall  indemnify  and  save  harmless  the  South  Park 
Commissioners  against  and  from  any  and  all  danmges, 
decrees  and  costs  and  expenses  which  said  South  Park 
Commissioners  may  suffer,  or  which  may  be  recover- 
able or  obtained  against  said  South  Park  Commission- 
ers for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon  said  company,  or  for  or  by  rea~ 
son  of,  or  growing  out  of,  or  resulting  from  the  exer- 
cise by  said  company  of  the  privileges  hereby  granted. 

Sec.  8.  The  permission  hereby  granted  is  subject  to 
such  further  order  or  other  restrictions  as  the  South 
Park  Commissioners,  or  their  successors,  may  from 
time  to  time  deem  advisable. 

Sec.  9.  That  a  grooved  or  such  other  rail  as  the 
South  Park  Commissioners  may  direct  sliall  be  laid  by 
the  Chicago  City  Railway  Company,  in  the  Western 
Avenue  Boulevard  crossing  at  Forty-seventh  street, 
the  section  of  which  shall  be  approved  by  the  South 
Park  Commissioners. 

Sec.  10.     Tills  ordinance  shall  be  in  force  from  and 


232  MISCELLANEOUS  ORDINANCES. 

after  its  written  acceptance  by  said  Oliicago  City  Rail- 
way Company,  and  unless  such  acceptance  be  filed 
with  the  secretary  of  the  South  Park  Commissioners 
within  thirty  days  after  its  passage  this  ordinance 
shall  be  null  and  void. 


AN  ORDINANCE  GRANTING  THE  CHICAGO  CITY  RAILWAY 
COMPANY  PERMISSION  TO  LAY  DOWN,  MAINTAIN  AND 
OPERATE  A  DOUBLE  TRACK  STREET  RAILWAY  ACROSS 
DREXEL  BOULEVARD  AT  FORTY-SEVENTH  STREET. 
[PASSED  OCTOBER  9TH,  1895.] 

Whereas,  The  City  Council  of  the  Cit}'  of  Chicago 
heretofore,  to-wit:  on  the  8th  day  of  July,  A.  D.  1895, 
duly  passed  an  ordinance  granting  and  permitting  the 
Chicago  City  Eailway  Company  to  lay  down,  maintain 
and  operate  by  electricity  a  double  track  street  railway 
upon  and  along  Forty-seventh  street  from  Cottage 
Grove  avenue  to  the  lake;  therefore, 

BE  IT  ORDAINED  BY  THE  BOARD  OF  SOUTH  PARK  COMMIS- 
SIONERS: 

Section  1.  That  in  consideration  of  the  undertak- 
ing by  the  Chicago  City  Eailway  Company  to  comply 
with  the  conditions  of  this  ordinance,  permission  is 
hereby  granted  to  said  Chicago  City  Eailway  Company 
to  lay  down  and  maintain  a  double  track  street  rail- 
way across  Drexel  Boulevard  at  Forty-seventh  street, 
and  to  operate  the  same  with  electricity  or  horse 
power. 

Sec.  2.  Said  tracks  shall  be  laid  under  the  super- 
vision and  direction  of  the  superintendent  of  the  South 
Park  Commissioners,  and  after  said  tracks  are  laid 
the  roadway  shall  be  replaced  in  perfect  order  and  con- 


CHICAGO  CITY  RAILWAY  COMPANY.  233 

dition  at  the  expense  of  said  railway  company,  and  to 
be  so  kept  by  it  at  all  times,  in  su'li  manner  as  shall 
be  directed  by  said  snperinteudent,  and  when  said 
tracks  are  laid  the  said  railway  company  shall  pave 
the  space  between  the  rails  and  also  the  space  on  each 
side  of  its  tracks  extending  to  the  curb  and  cross  walk 
lines  as  established  by  the  South  Park  Commissioners 
in  said  Drexel  Bonlevard  crossing,  with  granite  blocks 
or  such  other  material  as  the  South  Park  Commission- 
ers may  determine  and  direct,  and  in  a  manner  satis- 
factory to  said  superintendent,  and  shall  maintain 
such  pavement  in  good  condition. 

Sec.  8.  That  said  railway  comi>any  shall  have  the 
i:>rivilege  of  erecting  four  iron  posts  in  Drexel  Boule- 
vard crossing  of  Forty-seventh  street;  that  such  posts 
shall  be  of  a  chara<ter  and  size  satisfactory  to  said 
Commissioners;  that  the  trolley  and  overhead  wires 
held  by  said  poles  shall  be  at  an  elevation  above  the 
surface  of  said  boulevard  indicated  by  the  said  South 
I^irk  Commissioners,  not,  however,  to  be  less  than  six- 
teen feet;  that  no  feed  wire  or  wires  shall  cross  said 
Drexel  Boulevard  at  Forty-seventh  street  above  the 
surface  of  said  boulevard,  and  such  feed  wire  or  wires, 
if  any  are  used,  shall  be  placed  under  ground  at  said 
Drexel  Boulevard  crossing  of  Forty-seventh  street, 
and  under  the  direction  and  supervision  of  the  super- 
intendent of  sai<l  South  Park  Comujissioners;  said 
posts  shall  be  placed  in  such  a  way  and  manner  as  is 
satisfactory  to  the  superintendent  <»f  the  South  Park 
Commissioners. 

Sec.  4.  That  no  strei^t  cars  or  other  obstructions 
shall  ever  stop  or  stand  ujion  sj»id  crossing,  and  all 
stoppages  of  cars  to  take  on  or  let  off  passengers,  or 


234  MISCELLANEOUS  ORDINANCES. 

for  any  other  purpose,  shall  be  before  reaching  or  after 
crossing-  the  said  boiileyarcl,  and  all  cars  approaching 
said  boulevard  shall  come  to  a  full  stop  before  crossing 
the  same. 

Sec.  5.  Said  railway  company  shall  not  at  any  time 
operate  or  propel  its  cars  across  the  said  boulevard  at 
a  rate  of  speed  exceeding  four  miles  an  hour. 

Sec.  6,  That  in  the  exercise  of  the  permission  here- 
by granted,  the  Chicago  City  Railway  Company  shall 
not  make  use  of  any  other  power,  nor  propel  or  operate 
its  cars  across  said  boulevard,  other  than  the  power 
for  which  permission  is  hereby  granted;  nor  shall  said 
electric  power  be  other  than  by  means  of  electric  mo- 
tors placed  on  street  cars  and  operated  by  electric  cur- 
rent generated  by  stationary  machinery  placed  at  a 
distance  and  conveyed  to  said  ears  through  the  agency 
of  an  overhead  trolley  wire. 

Sec.  7.  That  the  Chicago  City  Raihvay  Company 
shall  indemnify  and  save  harmless  the  said  South  Park 
Commissioners  against  and  from  any  and  all  damages, 
decrees  and  costs  and  expenses  Avhich  said  South  Park 
Commissioners  may  suffer,  or  which  may  be  recover- 
able or  obtained  against  said  South  Park  Commission- 
ers, for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon  said  company,  or  for,  or  by  rea- 
son of,  or  growing  out  of,  or  resulting  from  the  exercise 
by  said  company  of  the  privileges  herein  granted. 

Sec.  8.  The  permission  hereby  granted  is  subject 
to  such  further  order  or  other  restrictions  as  the  South 
Park  Commissioners,  or  their  successors,  may  from 
time  to  time  deem  advisable. 

Sec.  9.  That  a  grooved  or  such  other  rail  as  the 
South  Park  Commissioners  may  direct  shall  be  laid  by 


CHICAGO  CITY  RAILWAY  COMPANY.  235 

the  Chicago  City  Railway  Company  in  the  Drexel  Bou- 
levard crossing  at  Forty-seventh  street,  the  section  of 
which  shall  be  approved  by  the  South  Park  Commis- 
sioners. 

Sec.  10.  That  the  Chicago  City  Railway  Company 
shall,  upon  an  order  to  that  effect  from  the  South  l*ark 
Commissioners,  put  in  grooved  or  other  rails  of  a  sec- 
tion satisfactory  to  the  South  Park  Commisioners  at 
any  of  the  points  where  the  said  company's  tracks 
cross  the  boulevards  under  the  control  of  the  South 
Park  Commissioners,  when  the  said  company  for  any 
reason  desire  to  replace  the  rails  at  such  crossings. 

Sec.  11.  This  ordinance  shall  be  in  force  from  and 
after  its  written  acceptance  by  said  Chicago  City 
Railway  Company,  and  unless  such  acceptance  be  filed 
with  the  secretary  of  the  South  Park  Commissioners 
within  thirty  days  after  its  passage  this  ordinance 
shall  be  null  and  void. 


ORDINANCE  GRANTING  TO  THE  CHICAGO  CITY  RAILWAY 
COMPANY  PERMISSION  TO  OPERATE  WITH  ELECTRIC 
POWER  ACROSS  MICHIGAN  AVENUE  AT  INTERSECTION 
OF  FIFTY-FIRST  STREET.     [PASSED  DECEMBER  IITH,  1895.] 

Whereas,  The  Chicago  City  Railway  Company  has 
tracks  across  Michigan  avenue  at  Fifty-first  street, 
subject  to  certain  conditions  imposed  by  ordinance  giv- 
ing permission  to  lay  said  tracks; 

And,  Whereas,  The  Chicago  City  Railway  Company 
is  noAV  desirous  of  using  electric  power  for  the  propell- 
ing of  its  cars,  instead  of  horse  power; 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  undertak- 
ing by  the  Chicago  CHty  Railway  Company  to  comply 


236  MISCELLANEOUS  ORDINANCES. 

with  the  conditions  heretofore  imposed  upon  it  in  ref- 
erence to  the  crossing  of  Michigan  avenue  at  Fifty-first 
street,  and  also  to  comply  with  the  conditions  of  this 
ordinance,  permission  is  hereby  given  to  said  Chicago 
City  Eailway  Company  to  make  use  of  electric  power 
in  propelling,  conducting  and  operating  its  cars  across 
Michigan  avenue  at  Fifty-first  street. 

Sec.  2.  That  the  said  tracks  now  at  the  said  inter- 
section of  Michigan  avenue  and  Fifty-first  street  shall 
be  replaced  or  made  suitable  to  the  use  of  street  cars 
propelled  by  electric  power,  under  the  supervision  and 
direction  of  the  superintendent  of  the  South  Park  Com- 
missioners, and  after  the  tracks  are  so  renewed  or 
made  suitable  to  the  purpose  of  street  cars  propelled 
by  electric  power  the  roadway  shall  be  replaced  in 
perfect  order  and  condition  at  the  expense  of  the  said 
railway  company,  and  to  be  so  kept  by  it  at  its  expense 
at  all  times,  in  such  manner  as  shall  be  directed  by 
said  superintendent,  and  when  directed  so  to  do  by  the 
South  Park  Commissioners  the  said  railway  company 
shall  pave  the  space  between  the  rails,  and  also  the 
space  on  each  side  of  its  tracks  extending  to  the  gut- 
ter and  cross  walk  lines  established  by  the  South  Park 
Commissioners,  with  granite  paving  blocks,  or  such 
other  material  as  directed  by,  and  in  a  manner  satis- 
factory to,  said  South  Park  Commissioners,  and  shall 
maintain  this  pavement  in  good  condition. 

Sec.  3.  That  the  trolley  wires  shall  be  at  an  eleva- 
tion above  the  surface  of  Michigan  avenue  at  said  in- 
tersection of  Fifty-first  street  indicated  by  said  South 
Park  Commissioners,  not,  however,  to  be  less  than  six- 
teen feet;  that  no  feed  wire,  or  wires,  shall  cross  the 
said  avenue  above  the  surface  of  said  avenue. 


CHICAGO  CITY  RAILWAY  COMPANY.  237 

Sec.  4.  That  no  feed  wire,  or  wires,  -or  any  other 
conductors,  conveyors  or  conduits,  other  than  the  trol- 
ley wires  above  referred  to,  shall  be  placed  or  main- 
tained by  said  railway  company  across  said  avenue; 
that  if  any  feed  wire  <»r  wires  are  necessary  to  be  run 
across  the  said  avenue  special  permission  shall  first  be 
obtained  thereto  from  the  South  Park  Commissioners, 
and  if  permission  is  granted  such  feed  wires  shall  be 
carried  under  ground  under  the  directions  prescribed 
and  conditions  imposed  b}'  the  said  South  l*ark  Com- 
missioners. 

Sec.  5.  No  street  cars,  hoii^es  or  other  obstructions 
shall  ever  stop  or  stand  upon  said  crossing,  and  all 
stoppages  of  cars  to  take  on  or  let  off  passengers,  or 
for  any  other  purpose,  shall  be  before  reaching  or  after 
crossing  the  said  avenue. 

Sec.  6.  The  said  railway  company  shall  not  at  any 
time  operate  or  propel  its  cars  across  said  avenue  at  a 
rate  of  speed  exceeding  four  miles  an  hour,  having  first 
made  a  full  stop  before  entering  on  said  avenue. 

Sec.  7.  That  in  the  exercise  of  the  permission  here- 
by granted,  the  said  Chicago  City  Kailway  Company 
shall  not  make  use  of  any  other  power  in  propelling 
and  operating  its  cars  across  said  avenue  than  the 
power  for  which  permission  is  herebj-  granted;  nor 
shall  the  said  electric  power  be  any  other  than  by 
means  of  electric  motors  placed  on  said  street  cars  and 
operated  b}'  an  electric  current  generated  by  station- 
ary machinery  at  a  distance  and  conveyed  to  said 
street  cars  through  the  agenc}^  of  an  overhead  trolley 
wire. 

Sec.  8.  The  said  Chicago  City  Railway  Company 
shall  indemnify  and  save  harmless  the  said  South  Park 


238  MISCELLANEOUS  ORDINANCES. 

Commissioners  against  and  from  any  and  all  damages, 
judgments,  decrees  and  costs,  £lnd  expenses  which  said 
South  Park  Commissioners  may  suffer,  and  which  may 
be  recoverable  or  obtained  against  said  South  Park 
Commissioners  for  or  by  reason  of  the  granting  of  the 
privileges  hereby  conferred  upon  said  railwa^^  com- 
pany, or  for,  or  b}'  reason  of,  or  growing  out  of,  or  re- 
sulting from,  the  exercise  by  said  railway  company  of 
the  privileges  hereby  granted. 

Sec.  9.  The  permission  hereby  granted  is  to  be  tem- 
porary and  subject  to  such  further  or  other  restrictions 
as  said  South  Park  Commissioners,  or  their  successors, 
may  from  time  to  time  deem  advisable,  and  also  sub- 
ject to  be  wholly  revoked  in  the  discretion  of  said  Com- 
missioners. 

Sec.  10.  This  ordinance  shall  be  in  force  from  and 
after  its  written  acceptance  by  the  said  Chicago  City 
Railway  Company,  and  unless  such  acceptance  be  filed 
with  the  secretary  of  the  South  Park  Commissioners 
within  thirty  days  after  the  passage  hereof  this  ordi- 
nance shall  be  null  and  void. 


ORDINANCE  GRANTIN(;  THE  CHICAGO  CITY  RAILWAY  COM- 
PANY PERMISSION  TO  LAY  DOWN,  MAINTAIN  AND  OPER- 
ATE A  DOUBLE  TRACK  STREET  RAILWAY  ACROSS  GAR- 
FIELD BOULEVARD  AT  CENTER  AVENUE.  [PASSED  APRIL 
8TH,  1896.] 

Whereas,  The  City  Council  of  the  City  of  Chicago 
heretofore,  to-wit:  on  the  9th  day  of  July,  A.  D.  1894, 
duly  passed  an  ordinance  gi'anting  and  permitting  the 
Chicago  City  Railway  Company  the  right  to  lay  down, 
maintain  and  operate  by  electricity    a  double  track 


CHICAGO  CITY  RAILWAY  COMPANY.  239 

street  railway  upon   and   aloug  Center   avenue   from 
F(»r( y-s(-v<'nlli  sheet  !(►  Sixty-third  street;   therefore, 

BE  IT  ORDAINED  BY  THE  BOARD  OF  SOUTH  PARK  COMMIS- 
SIONERS: 

Section  1.  That  in  oonsideration  of  the  undertaking 
by  the  Chicago  City  Railway  Company  to  comply  with 
the  conditions  of  this  ordinance,  permission  is  hereby 
granted  to  said  Chicago  City  Railway  Company  to  lay 
down  and  maintain  a  double  track  street  railway 
across  Garfield  Boulevard  at  Center  avenue,  and  to  op- 
erate the  same  with  electricity  or  horse  power. 

Sec.  2.  Said  tracks  shall  be  laid  under  the  supervis- 
ion and  direction  of  the  superintendent  of  the  South 
Park  Commissioners,  and  after  said  tracks  are  laid  the 
roadway  shall  be  replaced  in  perfect  order  and  condi- 
tion at  the  expense  of  said  railway  company,  and  to  be 
so  kej)t  b}'  it  at  all  times  in  such  manner  as  shall  be 
directed  by  the  superintendent  of  the  South  Park  Com- 
missioners, and  when  said  tracks  are  laid  the  said  rail- 
way company'  shall  pave  the  space  between  the  rails 
and  also  on  each  side  of  its  tracks  extending  to  the  curb 
and  cross  walk  lines  as  established  by  the  South  Park 
Commissioners  in  said  Garfield  Boulevard  crossing, 
with  granite  blocks  or  such  other  material  as  the  South 
Park  Commissioners  may  determine  and  direct,  and  in 
a  manner  satisfactor}^  to  said  superintendent,  and  shall 
maintain  such  pavement  in  good  condition. 

Sec.  3.  The  said  railway  company  shall  have  the 
privilege  of  erecling  four  iron  posts  on  Garfield  Boule- 
vard crossing  of  Center  avenue;  that  such  posts  shall 
be  of  a  character  and  size  satisfactory  to  said  Com- 
missioners; thai  llic  h-olley  and  overhead  wires  held 
by  said  poles  shall  be  al  an  eh^vation  above  the  surface 


240  MISCELLANEOUS  ORDINANCES. 

of  said  bouleyaid  indicated  by  the  said  South  Parlv 
Commissioners,  not,  however,  'to  be-  less  than  sixteen 
feet;  that  no  feed  wire  or  wires  shall  cross  said  Gar- 
field Boulevard  at  ("enter  avenue  above  the  surface  of 
said  boulevard,  and  such  feed  wire  or  wires,  if  any  are 
used,  shall  be  placed  under  ground  at  said  Garfield 
Boulevard  crossing  of  Center  avenue,  and  under  the 
direction  and  supervision  of  the  superintendent  of  said 
South  Park  Commissioners;  said  posts  shall  be  placed 
in  such  a  way  and  manner  as  is  satisfactory  to  the  su- 
perintendent of  said  South  Park  Commissioners. 

Sec.  4.  That  no  street  cars  or  other  obstructions 
shall  ever  stop  or  stand  upon  said  crossing,  and  all 
stoppages  of  cars  to  take  on  or  let  off  passengers,  or 
for  any  other  purpose,  shall  be  before  reaching  or  after 
crossing  said  boulevard,  and  all  cars  approaching  said 
boulevard  shall  come  to  a  full  stop  before  crossing  the 
same. 

Sec.  5.  The  said  railway  company  shall  not  at  an}' 
time  operate  or  propel  its  cars  across  said  boulevard 
at  a  rate  of  speed  exceeding  four  miles  an  hour. 

Sec.  (j.  That  in  the  exercise  of  the  permission  here- 
by granted,  the  Chicago  City  Railwaj*  Company  shall 
not  make  use  of  any  other  power  nor  propel  or  op<^'rate 
its  cars  across  said  boulevard,  than  the  power  for 
which  permission  is  liereb}'^  granted,  nor  shall  said  elec- 
tric power  be  other  than  by  means  of  electric  motors 
placed  on  the  street  cars  and  operated  by  the  electric 
current  generated  by  stationary  machinery  placed  at 
a  distance  and  conveyed  to  said  cars  through  the 
agency  of  an  overhead  trollej^  wire. 

Sec.  7.  That  the  Chicago  Citj  Railway  Company 
shall  indemnify  and  save  harmless  the  South  Park  Com- 


CHICAGO  CITY  RAILWAY  COMPANY.  241 

missioners  against  and  from  any  and  all  damages,  de- 
crees and  costs  and  expenses  which  said  South  Park 
Commissioners  may  suffer,  or  which  may  be  recover- 
able or  obtained  against  said  South  Park  Commission- 
ers for  or  by  reason  of  the  granting  of  the  privileges 
hereby  conferred  upon  said  company,  or  for  or  by  rea- 
son of,  or  growing  out  of,  or  resulting  from  the  exercise 
by  said  company  of  the  privileges  hereby  granted. 

Sec.  8.  The  permission  hereby  granted  is  subject  to 
such  further  order  or  other  restrictions  as  the  South 
Park  Commissioners,  or  their  successors,  may  from 
time  to  time  deem  advisable. 

Sec.  9.  That  a  grooved  or  such  other  rail  as  the 
South  Park  Commissioners  may  direct  shall  be  laid  by 
the  Chicago  City  Railway  Company  in  the  Garfield 
Boulevard  crossing  at  Center  avenue,  the  section  of 
which  shall  be  approved  by  the  South  Park  Commis- 
sioners. 

Sec.  10.  This  ordinance  shall  be  in  force  from  and 
after  its  written  acceptance  by  said  Chicago  City  Rail- 
way Company,  and  unless  such  acceptance  be  filed  witli 
the  secretary  of  the  South  Park  Commissioners  witliin 
thirty  days  after  its  passage,  this  ordinance  shall  be 
null  and  void. 


ORDINANCE  GRANTING  THE  CHICAGO  CITY  RAILWAY  COM- 
PANY THE  RIGHT  TO  CHANGE  THE  MOTIVE  POWER  OF 
ITS  CARS  CROSSING  THIRTY-FIFTH  STREET  BOULEVARD 
ON  INDIANA  AVENUE,  AND  CROSSING  MICHIGAN  AVENUE 
BOULEVARD  ON  EIGHTEENTH  STREET,  FROM  HORSE  TO 
ELECTRIC   POWER.     [PASSED  NOVEMBER  18TH,   1896.] 

Whereas,  The  Chicago  City  Railway  Company  has  in 
operation  on  Indiana  avenue,  crossing  Thirty-fiftli 
street  boulevard,  and  on  Eighteenth  street,  crossing 


242  MISCELLANEOUS  ORDINANCES. 

Micliigau  aveiine  boulevard,  a  double  track  street  rail- 
way, by  horse  cars,  which  it  desires  to  change  to  elec- 
tric power,  ill  and  by  means  of  the  overhead  trolley-; 
therefore, 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  undertaking 
by  the  ('hicago  City  IJailway  Company  to  comply  with 
the  conditions  of  this  ordinance,  permission  is  hereby 
granted  to  said  Chicago  Cit}^  Railway  Company  to 
maintain  the  double  track  street  railway  crossing 
Thirty-fifth  street  boulevard  on  Indiana  avenue,  and 
crossing  Michigan  avenue  boulevard  on  Eighteenth 
street,  and  to  operate  the  same  by  electricity. 

Sec.  2.  The  said  tracks  or  rails  at  the  respective 
crossings  shall  be  changed  from  girder  to  grooved  rails 
of  a  pattern  satisfactoiy  to  the  superintendent  of  the 
South  Park  Commissioners,  and  be  laid  under  the  su- 
I>ervision  and  direction  of  the  superintendent  of  tlie 
South  Park  Commissioners,  and  after  said  tracks  are 
laid  the  roadbed  shall  be  placed  in  perfect  order  and 
condition  at  the  expense  of  said  Chicago  City  Railway 
Company,  and  to  be  so  kept  by  it  at  all  times  and  in 
such  manner  as  shall  be  directed  by  the  superintendent 
of  the  South  Park  Commissioners;  and  when  said 
tracks  are  laid  and  in  operation  b}'  electricity,  at 
the  respective  crossings,  the  said  Chicago  City  Railway 
Company  shall  pave  the  space  between  the  rails;  and 
also  on  each  side  of  its  tracks,  extending  to  the  curb 
and  cross  walk  lines,  as  established  by  the  South  Park 
Commissioners,  on  said  Thirty-fifth  Street  boulevard  at 
Indiana  avenue,  and  on  said  Michigan  Avenue  boule- 
vard at  Eighteenth  street,  with  granite  blocks  or  such 
other  material  as  the  South  Park  Commissioners  may 


CHICAGO  CITY  RAILWAY  COMPANY.  243 

determiue  and  direct,  aud  in  a  manner  satisfactoiT  to 
said  sni^eriutendent  of  the  Sonth  Park  Commissioners, 
and  shall  maintain  such  pavement  in  good  condition. 

Sec.  3.  That  the  trolley  wire  shall  be  at  an  eleva- 
tion above  the  surface  of  the  street,  at  the  respective 
crossings,  indicated  by  the  South  Park  rommissioners, 
not,  however,  to  be  less  than  sixteen  feet. 

Sec.  4.  That  no  feed  wire  or  wires,  or  any  other  con- 
ductors, couA^eyors,  or  conduits  other  than  the  trolley 
wires  above  referred  to,  shall  be  placed  or  maintained 
by  said  company  above  and  across  said  respective 
boulevards  at  the  places  aforesaid;  that  if  any  feed  wire 
or  wires  are  necessary  to  be  run  across  the  said  respec- 
tive boulevards  at  the  crossings  aforesaid,  permission 
shall  be  tirst  obtained  therefor  from  the  South  Park 
Commissioners,  and  if  permission  is  granted,  such  feed 
wires  shall  be  carried  underground  under  the  directions 
and  conditions  prescribed  and  imposed  by  the  South 
Park  Commissioners. 

Sec.  5.  No  street  cars,  horses  or  other  obstructions 
shall  stop  or  stand  upon  said  crossings,  aud  all  stop- 
pages of  cars  to  take  on  and  let  off  passengers,  or  for 
any  other  reason,  shall  be  before  reaching  or  after 
crossing  the  said  respective  boulevards,  at  the  inter- 
sections aforesaid;  and  all  cars  approaching  said  boule- 
vards shall  come  to  a  full  stop  before  entering  on  the 
same. 

Sec.  0.  The  said  Chicago  City  Railway  Company 
shall  not,  at  any  time,  operate  or  propel  its  cars  across 
said  respective  boulevards  at  the  crossings  aforesaid, 
at  a  rate  of  speed  exceeding  four  miles  an  hour. 

Sec.  7.  That  in  the  exercise  of  the  permission  here- 
by granted,  the  said  Chicago  Cit}'  Railway  Company 


244  MISCELLANEOUS  ORDINANCES. 

shall  not  make  use  of  any  power  (except  horses)  in  the 
propelling  and  operating  of  its'  cars  across  said  boule- 
vards, at  the  crossings  aforesaid,  other  than  the  power 
for  which  permission  is  hereby  granted,  nor  shall  the 
electric  power  be  other  than  by  means  of  electric 
motors  placed  on  said  street  cars  and  operated  by  the 
electric  current  generated  by  stationary  machinery 
placed  at  a  distance  and  conveyed  to  said  cars  through 
the  agency  of  an  overhead  trolley  wire. 

Sec.  8.  The  said  Chicago  City  Railway  Company 
shall  indemnify  and  save  harmless  the  said  South 
Park  Commissioners  against  and  from  any  and  all  dam- 
ages, judgments,  decrees  and  costs,  and  expenses  which 
said  South  Park  Commissioners  Jnaj  suffer,  or  which 
may  be  recoverable  or  obtained  against  said  South 
Park  Commissioners,  for  or  b}'  reason  of  the  granting  of 
the  privileges  hereby  conferred  upon  said  company,  or 
for  or  by  reason  of,  or  growing  out  of,  or  resulting  from 
the  exercise  by  said  company  of  the  privileges  hereby 
granted. 

Sec.  9.  The  permission  hereby  granted  is  to  be  tem- 
porary, and  subject  to  such  further  or  other  restrictions 
as  the  South  Park  Commissioners,  or  their  successors, 
may  from  time  to  time  deem  advisable,  and  also  to  be 
wholly  revoked,  in  the  discretion  of  said  South  Park 
Commissioners. 

Sec.  10.  This  ordinance  shall  be  in  force  from  and 
after  its  written  acceptance  by  the  Chicago  City  Rail- 
way Company,  and  unless  such  acceptance  be  filed  with 
the  secretary  of  the  South  Park  Commissioners  within 
thirty  days  after  its  passage,  this  ordinance  shall  be 
null  and  void. 


CHICAGO    TELEPHONE    COMPANY.  245 

CHICAGO  TELEPHONE  COMPANY. 

ORDINANCE  GIVING  PERMISSION  TO  THE  CHICAGO  TELE- 
PHONE COMPANY  TO  CONSTRUCT  A  CONDUIT  ON  THE 
EAST  SIDE  OF  COTTAGE  GROVE  AVENUE  FROM  A  POINT 
100  FEET  NORTH  OF  THE  CENTER  LINE  OF  FIFTY-FIRST 
STREET  TO  A  POINT  350  FEET  SOUTH  THEREOF  (AND 
ACROSS  COTTAGE  GROVE  AVENUE  TO  THE  NORTH  LINE 
OF  FIFTY-FIRST  STREET),  AND  ON  THE  EAST  SIDE  OF 
COTTAGE  GROVE  AVENUE  ACROSS  THE  MIDWAY  PLAI- 
SANCE.     [PASSED  NOVEMBER  12TH,  1890.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  nndertaking 
b\'  the  Chicago  Telephone  Company  to  coniplj-  with  the 
conditions  of  this  Ordinance,  permission  is  hereby 
given  to  said  Chicago  Telephone  Company  to  construct 
a  conduit  on  the  east  side  of  Cottage  Grove  avenue 
from  a  point  100  feet  north  of  the  center  of  51st  street 
to  a  point  350  feet  south  thereof  and  "across  Cottage 
Grove  avenue  at  the  north  line  of  51st  street"  and  on 
th§  east  side  of  Cottage  Grove  avenue  across  the  Mid- 
wa}'  Plaisance. 

Sec.  2.  The  conduits  shall  be  placed  to  the  lines  and 
grades  given  by  the  Park  Commissioners,  and  the  man- 
holes, if  any  are  absolutely  necessary,  shall  be  located 
where  the  Park  Commissioners  direct  and  covered  in 
a  manner  that  shall  be  satisfactory  to  said  commis- 
sioners. 

Sec.  3.  The  work  (»f  laying  the  conduit  shall  be  done 
when  and  where,  and  in  such  manner  as  shall  be  speci- 
fied by  the  Park  Commissioners. 

Sec.  4.  The  Park  Cor.iniissioners  shall  r('i)hu'e  all 
road  material  that  is  displaced  by  the  opening  of  the 
trench,  and  the  Chicago  Telephone  Company  shall  pay 


246  MISCELLANEOUS  ORDINANCES. 

to  the  Park  Commissioners  a31  tlie  expenses  and  costs 
thereof. 

See.  5.  If  at  any  time  the  conditions  and  restric- 
tions imposed  by  the  Park  Commissioners  are  not  com- 
plied with,  or  should  the  Park  Commissioners  in  any 
manner,  in  making-  future  improvements  in  these  lo- 
calities, deem  said  conduit  an  obstruction,  or  think  it 
advisable  to  have  same  relaid  to  other  lines,  or  entire- 
ly removed  from  these  streets,  then  said  Telephone 
Company  agrees  to  remove  or  relay  said  conduit  as 
ordered  by  the  Park  Commissioners,  and  to  replace  the 
roadways  and  boulevards  in  perfect  order  and  condi- 
tion as  they  now  are,  all  at  the  expense  of  said  Tele- 
phone Company:  and  to  comply  with  the  orders  and 
conditions  of  said  Park  Commissioners  in  relation 
thereto. 

Sec.  0,  That  the  permission  hereby  granted  is  to  be 
temporary  and  subject  to  such  further  restrictions  as 
said  Park  Commissioners,  or  their  successors  may, 
from  time  to  time  deem  necessary,  and  also  subject  to 
be  wholly  revoked  in  the  discretion  of  the  Park  Com- 
missioners. 

Sec.  7.  This  Ordinance  shall  be  in  force  from  and 
after  its  acceptance  by  said  Chicago  Telephone  Com- 
pany; but  unless  accepted  within  30  days  from  the  pas- 
sage thereof,  this  ordinance  shall  be  null  and  void. 

FIELD    COLUMBIAN    MUSEUM. 

ORDINANCE    CONCERNING    A    MUSEUM    IN    JACKSON    PARK. 
[PASSED  SEPTEMBER  12TH,  1894.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  The  Field  Columbian  Museum  is  hereby 
authorized  to  maintain  in  the  Fine  Arts  Building  in 


FIELD    COLUMBIAN    MUSEUM.  .247 

Jackson  Park  a  nmseiim  for  the  collection  and  (lisplay 
of  objects  pertaining  to  natural  history  and  the  arts 
and  sciences. 

Sec.  2.  So  long  as  the  said  Field  Columbian  Mu- 
seum shall  occupy  said  building,  it  shall  maintain  said 
museum  and  building,  and  keep  the  same  in  good  or- 
der and  rc])air,  and  the  said  South  I\irk  Commissioners 
shall  i)ay  to  tlu^  said  Field  Columbian  Museum  the  sum 
of  Hfte^'n  thousand  dollars  (115,000)  pei-  year,  i)ayable 
in  monthly  installments,  of  twelve  hundred  and  lifty 
dollars  (•1fl,250)  each,  commencing  on  the  first  day  of 
October,  1894.  And  the  said  South  Park  Commission- 
ers shall  be  at  no  further  expense  of  any  kind  or  char- 
acter in  regard  to  said  museum,  or  the  maintenance 
thereof,  or  in  regard  to  the  said  building,  or  the  main- 
tenance or  repair  thereof. 

Se<'.  3.  The  said  Field  Columbian  Museum  may 
charge  an  aduiission  fee  to  the  said  museum  not  ex- 
ceeding twenty-five  cents  for  each  visitor  ov<m'  ten  years 
of  age,  and  not  ex<-(MMling  ten  cents  for  each  visitor  of 
ten  years  of  age  and  under,  the  ])ro(eeds  thereof  to  be 
deA^oted  to  the  maintenance  «)f  such  museum ;  provided, 
that  such  museum  shall  be  o])en  to  the  ])ublic  without 
charge  on  Saturdays  and  Sundays  in  each  week;  and 
to  children  in  actual  atTen<lauce  upon  any  of  the  schools 
of  this  state,  at  all  times. 

Sec.  4.  The  said  mustMim  shall  be  kc^pt  open  every 
day  in  the  year;  from  May  first  to  Sept<Muber  first,  fiom 
nine  o'clock  a.  m.  to  six  o'clock  p.  m. ;  and  from  Septem- 
ber first  to  May  first,  from  nine  (Tclock  a.  m.  to  four 
o'clock  p.  m. 

Sec.  5.     The  South    Park  Commissioners  and   their 


248  MISCELLANEOUS  ORDINANCES. 

officers  shall  have  admission  to  said  building  at  all 
times  without  charge. 

Sec.  6.  All  improvements  in,  betterments  upon, 
and  additions  to  said  building  made  by  the  said  Field 
Columbian  Museum  shall  become  the  property  of  the 
South  Park  Commissioners  without  any  additional 
payment  therefor,  except  the  said  yearly  sum  above 
mentioned. 

Sec.  7.  This  ordinance  shall  be  accepted  in  writing 
by  the  said  Field  Columbian  Museum  within  thirty 
days  after  its  passage,  otherwise  it  shall  be  null  and 
void. 

GRAND  TRUNK  RAILWAY. 

ORDINANCE     CONCERNING     THE     CROSSING     OF    WESTERN 
AVENUE.     [PASSED  AUGUST  10,  1881.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  permission  and  authority  be,  and 
the  same  is  hereby  granted,  to  the  Grand  Ti'unk  Junc- 
tion Railway  Company  to  construct  and  maintain  a 
double  track  railway  on  and  across  the  Western  Ave- 
nue boulevard,  in  the  Town  of  Lake,  Cook  County,  Illi- 
nois, in  the  manner  and  subject  to  the  restrictions  fol- 
lowing, to-wit: 

The  north  rail  of  the  said  tracks  shall  be  laid  parallel 
to  and  not  more  than  one  hundred  (100)  feet  south  of 
the  south  line  of  Forty-ninth  street,  as  the  same  crosses 
said  boulevard,  and  the  south  rail  of  said  tracks  shall 
be  laid  parallel  to  and  not  more  than  twenty-two  (22) 
feet  south  of  said  north  rail. 

The  said  tracks  shall  be  laid  and  constructed  under 
the  direction  of  the  South  Park  Commissioners,  and 
said  railway  company  shall  plank  and  keep  in  constant 


GRAND    TRUNK    RAILWAY.  249 

repair  the  spaces  between  said  tracks  to  the  full  width 
of  said  boulevard. 

Sec.  2.  The  said  railway  companj'  and  its  successors 
shall,  whenever  so  directed  by  said  South  Park  Com- 
missioners, keep  and  maintain  a  flagman  at  such  cross- 
ing of  said  boulevard,  and  use  and  maintain  such  other 
means  in  use  by  railway  companies,  as  shall  from  time 
to  time  be  directed  b}^  said  South  Park  Commissioners 
to  insure  the  safety  of  persons  using  said  boulevard, 
and  at  no  time  and  under  no  circumstances  shall  said 
railway  company  permit  any  of  its  cars,  locomotives,  or 
any  other  obstacle,  to  stand  upon  said  tracks  crossing 
said  boulevard,  to  the  obstruction  of  said  boulevard  or 
any  part  thereof. 

Sec.  3.  Whenever  so  directed  by  said  South  Park 
Commissioners  in  compliance  with  any  general  order 
providing  for  the  construction  of  viaducts  over  the 
boulevards,  under  the  control  of  said  South  Park  Com- 
missioners, in  any  particular  district,  the  said  railway 
company  and  its  successors  shall  construct  a  A^iaduct 
over  said  boulevard  and  railway  crossing  in  the  man- 
ner directed  by  said  South  Park  Commissioners,  and 
any  failure  to  so  construct  such  viaduct  shall  avoid  and 
render  null  the  permission  hereby  granted  to  cross  said 
boulevard. 

Sec.  4.  The  said  railway  company  shall  at  all  times 
hereafter  comply  with  all  general  or  special  ordinances 
of  said  South  Park  Commissioners,  passed,  or  to  be 
passed,  concerning  the  use  and  occupancy  of  streets 
and  boulevards,  and  the  running  and  operating  of  cars 
thereon  or  across  the  same  by  railway  companies,  so 
far  as  the  same  relate  to  the  privilege  hereby  granted. 


250  MISCELLANEOUS  ORDINANCES. 

and  snch  compliance  is  made  a  condition  of  the  grant- 
ing and  continuance  of  the  privil'ege  hereby  granted. 

Sec.  5.  The  permission  and  authority  hereby  grant- 
ed are  upon  the  further  express  condition  that  the  said 
railway  company  shall,  and  will  forever,  indemnify  and 
save  harmless  the  said  South  Park  Commissioners 
against,  and  from  any  and  all,  legal  damages,  judg- 
ments, decrees  and  costs,  and  expenses  of  the  same, 
which  may  be  recovered  or  obtained  against  said  South 
Park  Commissioners  for  or  by  reason  of  the  granting 
of  such  privileges  and  authority,  or  for  or  by  reason  of 
or  growing  out  of  or  resulting  from,  the  passage  of  this 
ordinance,  or  any  matter  or  thing  connected  therewith 
or  with  the  exercise  by  said  company  of  the  privileges 
hereby  granted,  or  from  any  act  or  acts  of  said  com- 
pany under  or  by  virtue  of  the  provisions  of  this  or- 
dinance. 

Sec.  6,  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  acceptance,  in  writing,  duly 
signed  by  the  said  Grand  Trunk  Junction  Railway 
Company. 

By  which  said  acceptance  the  said  company  shall 
agree  to  comply  with  the  terms  and  conditions  of  said 
ordinance,  and  upon  a  breach  of  any  of  the  terms  and 
conditions  herein  named,  it  shall  forfeit  all  the  rights 
conferred  hereby,  after  reasonable  notice  in  writing  by 
said  South  Park  Commissioners  of  their  election  to 
have  said  rights  forfeited. 


HYDE    PARK    GAS    COMPANY.  251 

HYDE    PARK    GAS    COMPANY. 

RESOLUTION  GIVING  PERMISSION  TO  HYDE  PARK  GAS  COM- 
PANY TO  LAY  MAIN  PIPE  ACROSS  MIDWAY  PLAISANCE. 
[PASSED  JUNE  lOTH,  1891.] 

Resolved,  That  subject  to  the  conditions  herein- 
after expressed,  permission  is  hereby  given  by  tlie  South 
Park  Commissioiiers  to  the  Hyde  Park  Gas  Company  to 
lay  its  main  pipe  across  the  Midway  Plaisance,  at  its 
intersection  with  Cottage  Grove  avenue  upon  these  con- 
ditions, that  is  to  say: 

First,  After  hiying  the  pipe  the  trench  shall  be  well 
puddled  when  being  back  filled  and  the  surface  left  in 
as  good  condition  as  before  opening. 

Second.  The  pipe  shall  be  laid  in  such  a  manner  as 
not  to  entirely  obstruct  the  60th  street  crossing  of  Cot- 
tage Grove  avenue  at  any  time,  a  good  safe  crossing- 
being  maintained. 

Third.  The  usual  regulations  in  all  cases  where 
openings  are  made  in  the  streets  as  to  damages,  barri- 
cades and  signals  shall  apply. 

Fourth.  The  Hyde  Park  Gas  Co.  hereby  agree  that 
they  will  alter  the  location  of  their  l)ipes,  or  entirely 
remove  them  from  across  the  Midway  Phiisance,  should 
the  improvements  made  or  to  be  made,  therein  require 
in  the  judgment  of  the  South  Park  Commissioners,  such 
alteration  or  removal,  and  immediately  upon  the  order 
of  the  South  Park  Commissfoners,  and  at  no  expense 
to  the  said  Commissioners. 


252  MISCELLANEOUS  ORDINANCES. 

JAPANESE  BUILDINGS  IN  JACKSON  PARK. 

LETTER  READ  AT  A  MEETING  OP  THE  BOARD  ON  FEBRUARY 
19,  1892. 

The  following  letter  was  laid  before  the  Board  and 
read  from  the  Japanese  Imperial  Commission  of  the 
Columbian  Exposition,  viz.: 

Imperial  Japanese  Commission  for  the  Columbian  Ex- 
position, 1893,  907  Chamber  of  Commerce,  Chicago, 
Illinois,  Feb.  11,  1892. 

To  the  South  Park  Comniissioners. 

Gentlemen : 

It  is  my  happy  privilege  to  say  to  you  in  behalf  of 
the  president  of  the  Imperial  Japanese  Commission 
that  our  government  proposes  to  have  a  Historical 
Building  erected  and  a  Landscape  Garden  laid  out 
worthy  of  Japan  in  the  ES:position  Ground  of  the 
World  Fair  of  1893. 

It  is  the  intention  of  our  government  that  the  build- 
ing together  with  the  garden  shall  be  presented  to  Chi- 
cago as  a  gift  at  the  termination  of  the  Exposition,  not 
only  as  a  souvenir  of  the  sincere  friendship  existing  so 
long  between  the  United  States  and  our  Empire,  but 
with  the  hope  that  the  building  and  garden,  which  will 
be  of  quite  Oriental  Style,  may  become  a  source  of 
pleasure  to  the  citizens  of  your  great  Garden  City, 
which  we  consider  is,  and  must  remain,  the  center  of 
Western  Civilization. 

Upon  this  presentation  we  deem  it  desirable  to  place 
before  you  certain  conditions  for  your  acceptance, 
namely: 

First.     That  the  building  and  garden  shall  remain 


JAPANESE    BUILDINGS    IN    JACKSON    PARK.  253 

permanently  at  the  place  of  erection  and  la3'ino-  out, 
and  be  maintained  in  good  condition  by  your  Commis- 
sioners. 

Second.  That  in  at  least  one  of  the  rooms  of  the 
building  some  Japanese  works  of  art  will  be  on  exhibi- 
tion for  the  public  view. 

I  need  hardly  say  that  it  will  be  on  a  rare  occasion 
that  the  building  will  require  reparation,  as  it  will  be 
built  of  most  durable  material ;  the  roof  to  be  covered 
with  tiles  peculiar  to  Japan,  in  proof  of  this,  the  origi- 
nal after  which  this  is  to  be  modeled,  has  stood  more 
than  nine  hundred  j^ears,  and  as  to  the  garden,  its 
maintenance  will  require  no  more  attention  than  your 
own  garden. 

In  connection  with  this  matter,  I  may  mention  that 
I  have  applied  to  the  Exposition  Authority  for  the  site 
of  forty  thousand  square  feet  for  our  building  and  gar- 
den, to  be  given  us,  i.  e..  Wooded  Garden  (Island),  and 
the  matter  of  3'our  favorable  determination  is  earnest- 
ly awaited. 

I  remain,  gentlemen, 

Yours  very  respectfully, 

(Signed)  S.  TEGIMA, 
Japanese  Commission. 

Whereupon  it  was 

Resolved,  Tliat  the  terms  of  the  proposition  be  ac- 
cepted and  that  the  following  letter  be  transmitted  to 
the  president  of  the  Japanese  Commission  of  the  Co- 
lumbian Exposition,  viz.: 

To  the  President  of  the  Imperial  Japanese  Commission 

for  the  Columbian  Exposition. 
Dear  Sir: 

The  South  Park  Commissioners  acknowledge  with 


254  MISCELLANEOUS    ORDINANCES. 

pleasure  the  munificent  proposition  of  the  Goyernment 
of  Japan  to  leave  as  a  monument  of  its  good  will  the 
buiklings  and  their  environment  which  it  proposes  to 
erect  at  the  World's  Columbian  Exposition  to  be  held 
in  Jackson  Park.  The  skill  and  grace  of  the  artists 
and  artisans  of  Japan  are  world  famous  and  the  Park 
Commissioners  recognize  that  the  gracious  and  kindly 
gift  will  be  a  very  great,  and  since  it  is  the  pleasure  of 
the  Japanese  Government,  may  well  be  a  permanent  at- 
traction for  the  residents  and  the  visitors  of  the  great 
city  of  the  New  World.  The  proposed  construction 
being  of  a  single  story  will  fit  appropriately  into  a  beau- 
tiful landscape  and  being  wholly  free  from  the  obtru- 
sive character  which  is  to  be  avoided  in  landscape  arch- 
itecture will  adorn,  not  dominate,  a  large  pleasure 
ground,  the  chief  object  of  which  is  to  approximate  na- 
ture and  avoid  appearances  of  constructive  art. 

The  Commissioners  will  accept  with  gratitude  the 
munificent  proposition  of  the  Japanese  Government 
and  will  feel  delight  in  the  performance  of  the  implied 
obligation  to  maintain  buildings  and  grounds  in  per- 
fect order. 

In  the  name  of  the  people  of  Chicago  who  find  recrea- 
tion in  the  parks,  the  Commissioners  offer  their  grateful 
acknowledgments  to  the  government  of  Japan  for  its 
generous  proposition. 

(Signed)  JOSEPH  DONNERSBEKGER, 
President  South  Park  Commissioners. 

COMMUNICATION  READ  AT  A   MEETING   OF  THE   BOARD  ON 
DECEMBER  13TH,  1893. 

The  following  communication  from  the  Imperial 
Japanese  Commissioner  for  the  World's  Columbian  Ex- 
position was  read: 


JAPANESE    BUILDINGS    IN    JACKSON    PARK.  255 

111  compliance  with  the  proposal  of  the  Imperial  ola- 

paiiese  Commission,  dated  Febniaiy  11,  1802,  offeiinji, 

as  a  gift  the  "Ilooden"  and  its  ct)ntents,  the  national 

exhibits  of  Japan,  as  iier  list  herewith,  to  the  Cit}-  of 

Chicaj'-o,  on  condition  that  the  same  shall  be  preserved 

permanently  after  the  World's  C'olnmbian  Exposition 

is  closed;  and  the  acceptance  of  this  offer  by  the  South 

Park  Commission,  representing  the  City  of  Chicago,  on 

BVbruary  19,  1892,  I  hereby,  in  the  name  of  the  Empire 

of  Japan,  and  by  the  authority  conferred  upon  me  l)y 

its  government,  most  solemnly  convey  and  transfer  the 

property  and  all  rights  of  and  in  the  said  exhibits  cou- 

taining  in  the  list  above  alluded,  to  the  South  Park 

Commission  of  Chicago,  State  of  Illinois,  the  United 

States  of  America. 

(Signed)  NOBUAKARA  YAMATAKA. 

LIFE  SAVINd   STATION. 

ORDINANCE  AUTHORIZING  THE  MAINTENANCE  OF  A  LIFE 
SAVING  STATION  IN  JACKSON  PARK.  [PASSED  JUNE  8TH, 
1892.] 

Whereas,  Py  an  ordinance  passed  by  the  South  Park 
Commissioners  on  the  nineteenth  day  of  September, 
1890,  permission  and  authority  were  given  to  ihe 
World's  Coluuibiaii  Exposition,  a  corjMnation,  to  use 
Jackson  Park  and  Midway  Plaisance  for  the  jiurijoses 
of  the  World's  Columbian  Exp«)sition  ui)ou  the  terms 
and  c<mditions  in  said  ordinance  set  fortli,  which  said 
ordinance  further  ])rovided  that  the  said  I'ark  and 
Plaisance  should  be  restored  to  the  possession  of  the 
South  Park  Ccunmissioners  ou  the  first  day  of  January, 
1894,  and  that  all  buihliugs  and  constructions  should 
be  removed  from  said  Park  and  Midway  Plaisance  j)rlor 
to  the  first  day  of  May,  1895;   and 


256  MISCELLANEOUS    ORDINANCES. 

Whereas,  the  United  States  of  America  propose  to 
naalie  an  exhibit  at  said  Exposition,  and  as  a  part  there- 
of propose  to  erect  in  Jackson  Park  a  Life  Saving  Sta- 
tion; and 

Whereas,  the  United  States  of  America  have  applied 
to  the  South  Park  Commissioners  for  j)ermission  to 
maintain  and  operate  said  Life  Saving  Station  in  said 
Jackson  Park  after  tlie  possession  of  said  park  shall 
have  been  restored  to  the  said  Park  Tommissioners; 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  Permission  and  authority  are  hereby 
granted  to  the  United  States  of  America  to  retain  and 
to  maintain  and  operate  said  Life  Saving  Station  and 
its  appurtenances,  after  the  possession  of  said  Jack- 
son Park  shall  have  been  restored  to  the  South  Park 
Commissioners,  upon  that  i3art  of  Jackson  Park  de- 
scribed as  follows:  Commencing  at  a  point  2,452  feet 
N.  and  2,332  ft.  E.  of  the  S.  W.  corner  of  section  13-38-14, 
which  iDoint  is  at  the  intersection  of  square  lines  "W" 
and  "50''  as  shown  on  South  Park  Improvement  Plans 
of  Jackson  Park,  thence  west  200  ft.  to  the  water  line 
of  the  artificial  lake,  thence  northeasterly  following 
the  water  line  of  said  artificial  lake  to  a  point  270  ft. 
north  of  the  place  of  beginning,  thence  south  to  the 
place  of  beginning,  containing  about  47,000  square  feet. 

Sec.  2.  Persons  in  the  employ  of  the  United  States 
of  America  at  or  in  connection  with  said  Life  Saving 
Station  shall  have  full  right  of  egress  and  ingress  and 
shall  have  the  right  to  transport  necessary  material 
and  supplies  thereto  o^er  Jackson  Park  under  such 
rules  and  regulations  as  may  be  prescribed  by  the 
South  Park  Commissioners. 

Sec.  3.     The  said  piece  of  land  above  described  shall 


LIFE    SAVING    STATION.  257, 

not  be  enclosed  with  any  fence,  wall  or  hedge,  nor 
shall  the  lines  thereof  be  indicated  in  any  manner  ex- 
cept as  permitted  by  the  Sonth  Park  Commissioners. 

Sec.  4.  The  United  States  of  America  shall  main- 
tain the  above  described  piece  of  ground  in  such  man- 
ner that  it  will,  as  nearly  as  possible,  appear  a  part  of 
the  surrounding  park. 

Sec.  5.  No  intoxicating  liquors  shall  be  sold  on  s^aid 
piece  of  land. 

Sec.  6.  No  bituminous  coal  shall  be  used  for  heat- 
ing or  other  purposes  at  said  Life  Saving  Station,  but 
only  such  combustibles  shall  be  used  as  will  produce 
the  least  smoke. 

Sec.  7.  This  ordinance  shall  be  accepted  in  writing 
by  the  United  States  of  America  by  its  proper  officer 
within  sixty  days  after  its  passage,  otherwise  it  shall 
be  null  and  void. 

LAKE  SHORE  &  MICHIGAN  SOUTHERN  RAIL- 
WAY COMPANY  AND  CHICAGO,  ROOK  IS- 
LAND &  PACIFIC  RAILWAY  COMPANY. 

ORDINANCE  PERMITTING  THE  ELEVATION  OF  TRACKS  OVER 
GARFIELD  BOULEVARD.  [PASSED  MAY  13TH,  1895; 
AMENDED  JUNE  lOTH,  1895.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  consent,  authority  and  permission 
are  hereby  granted  to  the  Lake  Shore  &  Michigan 
Southern  Railway  Company,  and  to  the  Chicago,  Rock 
Island  &  Pacific  Railway  Company,  to  elevate  the  plane 
of  their  railway  tracks  across  Garfield  boulevard  in  ac- 
cordance with  the  provisions  and  upon  the  conditions  in 
this  ordinance  set  forth. 

Sec.  2.     The  structure  to  be  erected  over  and  across 


258  MISCELLANEOUS    ORDINANCES. 

the  said  boulevard  shall  consist  of  three  spans.  The 
northerly  span  shall  be  supported  at  its  north  end  upon 
a  stone  abutment  constructed  north  of  the  north  line 
of  said  boulevard,  and  at  its  south  end  upon  an  iron 
column  located  a  short  distance  south  of  the  south  line 
of  the  north  driveway  of  said  boulevard,  as  hereinafter 
provided  for.  The  southerly  span  shall  be  supported 
at  its  south  end  upon  a  stone  abutment  constructed 
south  of  the  south  line  of  said  boulevard,  and  at  its 
north  end  upon  an  iron  column  located  a  short  distance 
north  of  the  north  line  of  the  south  driveway  of  said 
boulevard;  and  the  middle  span  shall  be  supported 
respectively  upon  the  south  and  north  supports  of  tlie 
northerly  and  southerly  spans. 

Sec.  3.  The  surface  of  the  boulevard  shall  pass  be- 
neath the  said  elevated  structure  by  means  of  a  subway 
under  said  tracks  to  be  constructed  by  said  railway 
companies,  wholly  at  their  own  expense,  which  subway 
shall  be  so  constructed  that  a  minimum  clearance  or 
head-room  of  not  less  than  thirteen  and  one-half  feet 
shall  be  maintained  at  all  points  between  the  road- 
ways in  said  subway  and  the  overhead  structure,  and 
so  that  the  top  of  the  said  roadways  shall  be  fifteen  and 
three-tenths  feet  above  the  plane  commonly  known  and 
called  "City  Datum"  in  the  City  of  Chicago  under  the 
entire  distance  of  said  elevated  structure;  and  the  side- 
walks in  said  subway  shall  be  so  constructed  that  a 
minimum  clearance  or  head-room  shall  be  maintained 
at  all  points  of  not  less  than  eight  feet  and  ten  inches 
between  the  highest  point  of  said  sidewalks  and  the 
lowest  point  of  said  overhead  structure.  The  floor  of  the 
said  elevated  structure  across  said  boulevard  shall  be 
fabricated  in  iron  or  steel,  and  shall  be  of  the  charac- 


L.  S.  &  M.  S.  RY.  CO.  AND  C.  R.  I.  &  P.  RY.  CO.  259 

ter  technically  designated  and  known  as  "solid  con- 
struction," so  as  to  be  tightly  floored  over  its  entire 
length  and  width. 

Sec.  4.  Said  railway  companies  shall  construct  two 
roadways  in  Garfield  boulevard,  each  forty  feet  in 
width,  from  a  point  two  hundred  and  twenty-five  (225) 
feet  west  of  their  right  of  way  to  a  point  two  hundred 
and  fifty  (2.50)  feet  east  of  their  right  of  wa}^,  and  so 
graded  as  to  pass  under  the  elevated  structure  of  said 
railways  with  the  minimum  clearance  as  provided  in 
the  foregoing  section.  The  north  line  of  the  north 
driveway  shall  be  placed  fifteen  feet  south  of  the  north 
line  of  the  boulevard,  and  the  south  line  of  the  south 
driveway  shall  be  placed  fifteen  feet  north  of  the  south 
line  of  the  boulevard.  Except  where  there  is  a  stone 
curb  wall,  said  driveways  shall  be  constructed  with 
combined  concrete  curb  and  gutter  on  each  side  there- 
of. Said  driveways  shall  be  paved  or  macadamized 
with  a  macadam  pavement  not  less  than  nine  inches  in 
thickness,  similar  to  the  pavement  of  the  roadways  of 
Garfield  boulevard  immediately  east  and  west  thereof. 
The  space  between  said  driveways,  to  be  constructed 
as  aforesaid,  shall  be  properly  graded  up  for  a  planting- 
space,  except  under  the  said  elevated  structure,  and 
there,  such  space  shall  be  paved  with  a  vitrified  brick 
pavement  upon  a  gTade  as  nearly  level  with  the  plant- 
ing space  of  said  boulevard,  on  either  side  of  said  ele- 
vated structure,  as  practicable. 

The  said  railway  companies  shall  also  construct  and 
maintain  an  outlet  sewer  with  such  number  of  catch 
basins  and  manholes  as  shall  be  directed  by  the  super- 
intendent of  the  South  Park  Commissioners,  for  the 
purpose  of  draining  the  said  subway,  and  which  sewer, 


260  MISCELLANEOUS    ORDINANCES. 

catch  basins  and  manholes  shall  be  so  constructed  and 
maintained  as  to  fully  drain  the  same,  and  run  from 
thence  and  empty  into  the  sewer  now  constructed  at 
State  street. 

The  sidewalks  and  all  necessary  crosswalks  shall  be 
restored  or  constructed  by  said  railway  companies  so 
as  to  conform  to  the  provisions  of  this  ordinance,  and 
so  as  to  meet  the  approval  of  the  superintendent  of  the 
South  Park  Commissioners.  The  said  railway  compa- 
nies shall  do  all  the  work  and  furnish  all  the  addition- 
al material  required  in  order  to  carry  out  the  provisions 
of  this  section,  wholly  at  their  own  expense. 

Sec.  5.  The  streets  and  alleys  which  open  into  or 
intersect  Garfield  boulevard  where  the  said  approaches 
are  to  be  constructed,  shall  be  properly  graded  down 
into  the  boulevard  at  the  expense  of  said  railway  com- 
panies and  repaved  where  they  are  now  paved. 

Sec.  6.  If  in  the  construction  of  said  subway,  or  the 
approaches  thereto,  it  shall  become  necessary  to  change 
the  location  of  any  water  pipe,  sewer,  or  electrical  con- 
duit, the  same  may  be  deflected  from  the  position  in 
which  they  are  found  and  placed  in  brick  conduits  es- 
pecially constructed  for  that  purpose  and  carried  en- 
tirely around  said  subway  on  either  side  thereof,  or  tlie 
same  may  be  lowered,  but  all  of  said  work  shall  be  done 
by  and  at  the  entire  expense  of  the  said  railroad  com- 
panies. 

Sec.  7.  The  plans  and  specifications  for  the  said  ele- 
vated structure,  and  for  the  columns  and  stone  masonry 
supporting  the  same,  and  for  the  construction  of  the 
said  subway,  and  the  depression  and  construction  of 
the  driveways,  pavement  and  sidewalks,  as  well  as  the 
construction  of  said  sewer,  and  the  changing  of  the 


Lu  S.  &  M.  S.  RY.  CO.  AND  C.  R.  I.  &  P.  RY.  CO.  261 

said  water  pipes,  sewer  and  electrical  system,  as  well 
as  all  other  work  to  be  done  in  accordance  with  the 
provisions  of  this  ordinance,  shall  be  submitted  to  and 
approved  by  the  South  Park  Commissioners,  or  by  their 
superintendent,  before  any  work  shall  be  done  under 
this  ordinance,  and  such  plans,  when  so  approved,  shall 
be  taken  to  constitute  a  part  of  this  ordinance,  and  all 
of  the  work  upon  or  in  connection  with  any  of  the  mat- 
ters or  things  provided  to  be  done  under  this  ordinance 
shall  be  done  and  performed  subject  to  the  inspection 
and  approval  of  the  superintendent  of  the  South  Park 
Commissioners  but  wholly  at  the  expense  of  said  rail- 
way companies. 

Sec.  8.  Permission  and  authority  are  hereby  given 
to  said  railway  companies,  whenever  the  same  shall  be 
necessary  in  carrying  on  the  work  of  elevating  their 
railway  tracks,  as  herein  authorized,  to  temporarily 
obstruct  said  boulevard,  or  part  thereof,  in  such  man- 
ner and  for  such  length  of  time  as  may  be  approved  by 
the  superintendent  of  the  South  Park  Commissioners, 
and  the  said  railway  companies  are  hereby  authorized 
in  the  prosecution  of  said  work  to  erect  and  maintain 
a  temporary  structure  or  structures  across  said  boule- 
vard which  shall  be  necessary  or  convenient  to  enable 
them  to  prepare  for,  or  to  erect,  the  permanent  elevated 
structure  herein  provided  for,  subject  to  like  approval 
of  the  superintendent  of  the  South  Park  Commission- 
ers, and  if,  at  anj  time,  the  said  work  shall  not  be  prose- 
cuted with  reasonable  rapidity  or  in  a  proper  manner, 
then  the  South  Park  Commissioners  reserve  the  right 
to  remove  any  obstructions,  and  lo  M<>\)  the  said  work 
and  to  take  full  possession  and  control  of  that  portion 
of  said  Garfield  boulevard,  notwithstanding  this  ordi- 


262  MISCELLANEOUS    ORDINANCES. 

nance  and  any  permit  which  ^  may  have  been  issued 
thereunder,  and  to  place  such  boulevard  in  reasonably 
good  condition  again,  and  in  such  case  the  said  rail- 
way companies,  jointly  and  severally,  agree  to  refund 
to  the  South  Park  Commissioners  any  and  all  expenses 
which  said  South  Park  Commissioners  may  be  at  in 
doing  such  work. 

Sec.  9.  The  said  railway  companies,  jointly  and  sev- 
erally, and  their  respective  lessees,  successors  and  as- 
signs, by  the  acceptance  of  this  ordinance  respectively 
agree  that  they  and  each  of  them  will  forever  indemnify 
and  save  harmless  the  said  the  South  Park  Commis- 
sioners from  any  and  all  damages,  judgments,  decrees, 
costs,  attorney's  fees  and  expenses  for  which  the  said 
the  South  Park  Commissioners  may  be  liable,  or  which 
may  be  recovered  by  reason  of  the  passage  of  this  or- 
dinance, or  the  construction,  maintenance  and  use  of 
the  said  elevated  structure,  or  of  any  telegraph  or  sig- 
nal device  placed  thereon  by  said  railway  companies, 
or  either  of  them,  or  by  reason  of  the  construction, 
maintenance  or  operation  of  said  elevated  railways  (or 
the  depression  of  the  said  boulevard  under  said  ele- 
vated structure),  or  in  any  way  resulting  from  the  pas- 
sage of  this  ordinance,  or  from  the  exercise  by  said 
railway  companies,  or  either  of  them,  of  any  of  the  pow- 
ers or  privileges  herein  in  this  ordinance  granted,  or 
acts  required  to  be  performed;  and  if  the  South  Park 
Commissioners  shall  be  required  to  defend  any  suits 
brought  on  account  of  the  passage  of  this  ordinance, 
or  any  of  the  acts  done  by  the  said  railway  companies, 
or  either  of  them,  under  the  same,  then  the  said  rail- 
way companies,  jointly  and  severally,  agree  to  pay  a 


MUTUAL  FUEL  GAS  COMPANY.  263 

reasonable  amount  for  attorney's  fees  incurred  by  the 
South  Park  Commissioners  in  defending  the  same. 

Sec.  10.  The  said  railway  companies,  jointlj^  and 
severally,  agree  by  the  acceptance  of  this  ordinance  to 
forever  light  the  said  subway  heretofore  authorized  to 
be  constructed,  in  such  manner  as  may  be  at  any  time 
directed  by  the  South  Park  Commissioners,  by  order 
or  resolution  therefor. 

Sec.  11.  This  ordinance  shall  take  effect  and  be  in 
force  as  soon  as  the  said  Lake  Shore  «fe  Michigan  South- 
ern Riiilway  Company  and  the  Chicago,  Rock  Island  & 
Pacific  Railway  Company,  shall  each  file  their  formal 
acceptance  with  the  secretary  of  the  South  Park  Com- 
missioners, provided,  however,  that  if  said  acceptance 
shall  not  be  filed  with  the  said  secretary,  as  aforesaid, 
within  sixty  days  from  the  passage  of  this  ordinance, 
then  this  ordinance  shall  be  void  and  of  no  effect. 

MUTUAL  FUEL  GAS  COMPANY. 

RESOLUTION  GRANTING  PERMISSION  TO  THE  MUTUAL  FUEL 
GAS  COMPANY  TO  LAY  PIPES  ACROSS  MIDWAY  PLAIS- 
ANCB.     [PASSED  APRIL  9,  1890.] 

Resolved,  That  the  Mutual  Fuel  Gas  Company  have 
permission  to  cross  the  Midway  Plaisance  at  its  inter- 
section with  Cottage  Grove  avenue  subject  to  the  fol- 
lowing conditions,  viz.: 

First.  After  laying  the  pipe  the  trench  shall  be  well 
puddled  when  being  back  filled,  and  the  surface  left  in 
as  good  condition  as  before  opening. 

Second.  The  pipe  shall  be  laid  in  such  a  manner  as 
not  to  entirely  obstruct  the  60th  street  crossing  of  Cot- 
tage Grove  avenue  at  any  time,  a  good  safe  crossing 
being  maintained. 


264  MISCELLANEOUS    ORDINANCES. 

Third.  The  usual  regulations  in  all  cases  where 
openings  are  made  in  the  streets  as  to  damages,  barri- 
cades and  signals  shall  apply. 

Fourth.  The  Mutual  Fuel  Gas  Company  hereby 
agree  that  they  will  alter  the  location  of  their  pipes, 
or  entirely  remove  them  from  across  the  Midway  Plais- 
ance,  should  the  improvements  made  or  to  be  made 
therein  require,  in  the  judgment  of  the  South  Park 
Commissioners,  such  alteration  or  removal,  and  imme- 
diately upon  the  order  of  the  South  Park  Commis- 
sioners, and  at  no  expense  to  the  said  Commissioners. 

PET!^NSYLVANIA  COMPANY. 

ORDINANCE     GRANTING     PERMISSION     TO     ELEVATE     THE 
TRACKS    OF    THE    PITTSBURG,    FORT    WAYNE    &    CHICA- 
GO   RAILWAY    COMPANY  ACROSS  GARFIELD  BOULEVARD. 
[PASSED  NOVEMBER  27,  1896.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  consent,  authority  and  permission 
are  hereby  granted  to  the  Pennsylvania  ComjDany,  ope- 
rating the  Pittsburgh,  Fort  Wayne  &  Chicago  Railway 
to  elevate  the  plane  of  its  railway  tracks  across  Gar- 
field boulevard  in  accordance  with  the  provisions  and 
upon  the  conditions  in  this  ordinance  set  forth. 

Sec.  2.  The  structure  to  be  erected  over  and  across 
the  said  boulevard  shall  consist  of  three  spans.  The 
northerly  span  shall  be  supported  at  its  north  end  upon 
a  stone  abutment  constructed  north  of  the  north  line 
of  the  said  boulevard,  and  at  its  south  end  upon  iron 
columns  located  a  short  distance  south  of  the  south 
line  of  the  north  driveway  of  said  boulevard,  as  herein- 
after provided  for.  The  southerly  span  shall  be  sup- 
ported at  its  south  end  upon  a  stone  abutment  con- 
structed south  of  the  south  line  of  said  boulevard,  and 


PENNSYLVANIA   COMPANY.  265 

at  its  north  end  upon  iron  cohimns  located  a  short  dis- 
tance north  of  the  north  line  of  the  south  driveway  of 
said  boulevard.  The  middle  span  shall  be  supported 
respectively  upon  the  north  and  south  supports  of  the 
northerly  and  southerly  spans. 

Sec.  3.  The  surface  of  the  boulevard  shall  pass  be- 
neath the  said  elevated  structure  by  means  of  a  subway 
under  said  tracks  to  be  constructed  by  said  company, 
wholly  at  its  own  expense,  which  subway  shall  be  so 
constructed  that  a  minimum  clearance  or  head  room 
of  nor  less  than  thirteen  and  one-half  feet  shall  be 
maintained  at  all  points  between  the  roadways  in  said 
subway  and  the  overhead  structure,  and  so  that  the 
toi>  of  the  said  roadways  shall  be  12i  feet  above  the 
plane  commonly  called  "City  Datum"  in  the  City  of 
Chicago,  under  the  entire  distance  of  said  elevated 
structure;  and  the  sidewalks  in  said  subway  shall  be 
so  constructed  that  a  minimum  clearance,  or  head- 
room, shall  be  maintained  at  all  points  of  not  less  tlian 
eight  feet  and  ten  inches  between  the  highest  point  of 
said  sidewalks  and  the  lowest  point  of  said  overhead 
structure.  The  floor  of  the  said  elevated  structure 
across  said  boulevard  shall  be  fabricated  in  iron  or 
steel,  and  shall  be  of  the  character  technically  desig- 
nated and  known  as  "solid  construction"  so  as  to  be 
tightl}"  floored  over  its  entire  length  and  width. 

Sec.  4.  Said  company  shall  construct  two  roadways 
in  Garfield  boulevard,  eacli  fovtj  feet  in  width,  from  a 
point  two  hundred  and  seventy  (270)  feet  west  of  their 
right  of  way  to  a  point  two  hundred  and  seventy  (270) 
feet  east  of  their  right  of  way,  and  so  graded  as  to  pass 
under  the  elevated  structure  of  said  railway  with  the 
minimum  clearance  as  provided  in  the  foregoing  sec- 


266  MISCELLANEOUS    ORDINANCES. 

tion.  The  north  line  of  the  north  driveway  shall  be 
placed  fifteen  feet  south  of  the  north  line  of  the  boule- 
vard, and  the  south  line  of  the  south  driveway  shall  be 
placed  fifteen  feet  north  of  the  south  line  of  the  boule- 
vard. Except  where  there  is  a  stone  curb  wall,  said 
driveway  shall  be  constructed  with  combined  concrete 
curb  and  gutter  on  each  side  thereof.  Said  driveways 
shall  be  paved  or  macadamized  with  a  macadam  paA^e- 
ment  not  less  than  nine  inches  in  thickness — ^similar 
to  the  pavement  of  the  roadways  of  Garfield  boulevard 
immediately  east  and  west  thereof.  The  space  be- 
tween said  driveways  to  be  constructed  as  aforesaid, 
shall  be  properly  graded  up  for  a  planting  space,  ex- 
cept under  the  said  elevated  structure,  and  there  such 
space  shall  be  paved  with  a  vitrified  brick  pavement 
upon  a  grade  as  nearly  level  with  the  planting  space 
of  said  boulevard  on  either  side  of  said  elevated  struc- 
ture as  practicable. 

The  said  company  shall  also  construct  and  maintain 
an  outlet  sewer,  with  such  number  of  catch  basins  and 
manholes  as  shall  be  directed  by  the  Superintendent 
of  the  South  Park  Commissioners,  for  the  purpose  of 
draining  the  said  subway,  and  which  server,  catch- 
basins  and  manholes  shall  be  so  constructed  and  main- 
tained as  to  fully  drain  the  same  into  some  city  sewer 
designated  by  the  Park  Commissioners  and  in  a  man- 
ner satisfactory  to  said  South  Park  Commissioners. 

The  sidewalks  and  all  necessary  cross  walks  shall 
be  restored  or  constructed  by  said  company  so  as  to 
conform  to  the  provisions  of  this  ordinance,  and  so 
as  to  meet  the  approval  of  the  Superintendent  of  the 
South  Park  Commissioners.  The  said  company  shall 
do  all  the  work  and  furnish  all  the  additional  material 


PENNSYLVANIA   COMPANY.  267 

required  in  order  to  carry  out  the  provisions  of  this 
section,  wholly  at  its  own  expense. 

Sec.  5.  The  streets  and  alleys  which  open  into  or 
intersect  Garfield  boulevard  where  the  said  approaches 
are  to  be  constructed  shall  be  properly  graded  down 
into  the  boulevard  at  the  expense  of  said  company,  and 
repaved  where  they  are  now  paved. 

Sec.  6.  If  in  the  construction  of  said  subway,  or  the 
aproaches  thereto,  it  shall  become  necessary  to  change 
the  location  of  any  water  pipe,  sewer,  or  electrical  con- 
duit, the  same  may  be  deflected  from  the  position  in 
which  they  are  found  and  placed  in  brick  conduits 
especially  constructed  for  that  purpose  and  carried  en- 
tirely around  said  subways  on  either  side  thereof,  or 
the  same  may  be  lowered;  but  all  of  said  work  shall 
be  done  by  and  at  the  entire  expense  of  the  said  com- 
pany. 

Sec.  7.  The  plans  and  specifications  for  the  said 
elevated  stinicture,  and  for  the  columns  and  stone  ma- 
sonry supporting  the  same,  and  for  the  construction 
of  the  said  subway,  and  the  depression  and  construc- 
tion of  the  driveways,  pavement  and  sidewalks,  as  well 
as  the  construction  of  said  sewer,  and  the  changing  of 
said  water  pipes,  sewer  and  electrical  system,  as  well 
as  all  other  work  to  be  done  in  accordance  with  the 
provisions  of  this  ordinance,  shall  be  submitted  to  and 
approved  by  the  South  Park  Commissioners,  or  by 
their  Superintendent,  before  any  work  shall  be  done 
under  this  ordinance,  and  such  plans  when  so  approved 
shall  be  taken  to  constitute  a  part  of  this  ordinance, 
and  all  of  the  work  upon  or  in  connection  with  any 
of  the  matters  or  things  provided  to  be  done  under  this 
ordinance  shall  be  done  and  performed  subject  to  the 


268  MISCELLANEOUS    ORDINANCES. 

inspection  and  approval  of  the  Superintendent  of  the 
South  Park  Commissioners,  but  wholly  at  the  expense 
of  said  company. 

Sec.  8.  Permission  and  authority  are  hereby  given 
to  said  company,  whenever  the  same  shall  be  necessary 
in  carrying  on  the  work  of  elevating  its  tracks,  as 
herein  authorized,  to  temporarily  obstruct  said  boule- 
vard, or  part  thereof,  in  such  manner  and  for  such 
length  of  time  as  may  be  approved  by  the  Superintend- 
ent of  the  South  Park  Commissioners;  and  the  said 
company  is  hereby  authorized  in  the  prosecution  of 
said  work  to  erect  and  maintain  a  temporary  structure 
or  structures  across  said  boulevard  which  shall  be  nec- 
essary or  convenient  to  enable  it  to  prepare  for  or  to 
erect  the  permanent  elevated  structure  herein  provided 
for  subject  to  like  approval  of  the  Superintendent  of 
the  South  Park  Commissioners;  and,  if  at  anytime,  the 
said  work  shall  not  be  prosecuted  with  reasonable 
rapidity,  or  in  proper  manner,  then  the  South  Park 
Commissioners  reserve  the  right  to  remove  any  ob- 
struction and  to  stop  the  said  work  and  to  take  full 
possession  and  control  of  that  portion  of  said  Garfield 
boulevard,  notwithstanding  this  ordinance  and  any 
permit  which  may  have  been  issued  thereunder,  and 
to  place  such  boulevard  in  reasonable  condition  again; 
and  in  such  case  the  said  company  agrees  to  refund  to 
the  South  Park  Commissioners  any  and  all  expenses 
which  said  South  Park  Commissioners  may  be  at  in  do- 
ing such  work. 

Sec.  9.  The  said  company,  and  its  successors  and 
assigns,  by  the  acceptance  of  this  ordinance,  agrees 
that  it,  and  each  of  them,  will  forever  indemnify  and 
save  harmless  the  said    South    Park    Commissioners 


PENNSYLVANIA    COMPANY.  269 

from  any  and  all  damages,  judgments,  decrees  and 
costs,  attorneys'  fees  and  expenses  for  which  the  said 
South  Park  Commissioners  may  be  liable,  or  which 
may  be  recovered  by  reason  of  the  passage  of  this  ordi- 
nance, or  the  construction,  maintenance  and  use  of 
said  elevated  structure,  or  of  any  telegraph  or  signal 
device  placed  thereon  by  said  company,  or  by  reason 
of  the  construction,  maintenance,  or  operation  of  said 
elevated  railway,  or  the  depression  of  the  said  boule- 
vard under  said  elevated  structure,  or  in  any  way 
resulting  from  the  passage  of  this  ordinance,  or  from 
the  exercise  by  said  company  of  any  of  the  powers  or 
privileges  herein  in  this  ordinance  granted,  or  acts 
required  to  be  performed;  and  if  the  South  Park  Com- 
missioners shall  be  required  to  defend  any  suits 
brought  on  account  of  the  passage  of  this  ordinance,  or 
any  of  the  acts  done  by  said  company  under  the  same, 
then  said  company  agrees  to  pay  a  reasonable  amount 
for  attorneys'  fees  incurred  by  the  South  Park  Com- 
missioners in  defending  the  same. 

Sec.  10.  The  said  railway  company  agrees  by  the 
acceptance  of  this  ordinance  to  forever  light  the  said 
subway,  heretofore  authorized  to  be  constructed,  in 
such  manner  as  may  be  at  any  time  directed  by  the 
South  Park  Commissioners  by  order  or  resolution 
therefor. 

Sec.  11.  It  is  hereby  expressly  provided  that  unless 
the  work  herein  provided  to  be  done  by  the  said  com- 
pany shall  be  completely  finished  on  or  before  two 
years  from  the  passage  of  this  ordinance,  then  the  con- 
sent and  authority  hereby  granted  shall  be  null  and 
void  and  of  no  effect. 

Sec.  12.     This  ordinance  shall  take  effect  and  be  in 


270  MISCELLANEOUS    ORDINANCES. 

force  as  soon  as  the  Pennsylvania  Company,  operating 
the  Pittsburgh,  Fort  Wayne  &' Chicago  Railway,  shall 
file  its  formal  acceptance  with  the  Secretary  of  the 
South  Park  Commissioners;  provided,  however,  that 
if  said  acceptance  shall  not  be  filed  with  the  said  Sec- 
retary, as  aforesaid,  within  sixty  days  from  the  passage 
of  this  ordinance,  then  this  ordinance  shall  be  void  and 
of  no  effect. 


PITTSBURG,  CINCINNATI,  ClilCAGO  &  ST.  LOUIS 
RAILWAY  COMPANY. 

ORDINANCE  GRANTING  THE  RIGHT  TO  THE  PITTSBURG, 
CINCINNATI,  CHICAGO  AND  ST.  LOUIS  RAILWAY  COM- 
PANY TO  LAY  TWO  ADDITIONAL  MAIN  TRACKS  ACROSS 
WESTERN  AVENUE  BOULEVARD.  [PASSED  OCTOBER  12, 
1892.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  permission  and  authority  be  and 
the  same  are  hereby  granted  to  the  Pittsburg,  Cincin- 
nati, Chicago  &  St.  Louis  Railway  Company  to  lay 
down,  maintain  and  operate  two  main  tracks  across 
the  Western  Avenue  boulevard  in  the  City  of  Chicago, 
Cook  County,  Illinois,  in  addition  to  the  two  main 
tracks  heretofore  laid  down,  maintained  and  operated 
across  said  boulevard  by  said  railway  company,  in  the 
manner  and  subject  to  the  provisions  and  restrictions 
hereinafter  contained. 

Sec.  2.  The  said  four  tracks  as  well  as  the  two 
tracks  of  the  Chicago  &  Northern  Pacific  Railroad  Com- 
pany authorized  to  be  laid  by  ordinance  of  the  South 
Park  Commissioners  adopted  November  2,  1891,  and 
the  present  tracks  of  the  Union  Stock  Yards  and  Tran- 
sit Co.  shall  be  laid,  maintained  and  operated  across 


p.,  C,  C.  &  ST.  L.  RY.  CO.  271 

said  boulevard  at  the  present  grade  of  said  railwa}' 
company  in  conformity  with  the  plat  of  said  tracks, 
which  plat  is  incoi^jjorated  herewith  and  made  part  of 
this  ordinance;  the  scale,  side  track  and  switches  of 
said  railway  company  now^  in  said  boulevard  shall  be 
removed. 

Sec.  3.  Said  Railway  Company  shall  construct  its 
tracks  across  said  Boulevard  with  an  iron  guard  rail 
on  the  inside  of  each  of  the  rails  thereof,  and  shall 
plank  said  crossings  and  keep  the  same  in  repair  to 
the  full  width  of  said  Boulevard,  all  under  the  direc- 
tion of  the  Superintendent  of  said  South  Park  Com- 
missioners; and  said  Railway  Company  shall  not 
change  the  gTade  of  its  tracks  across  said  Boulevard 
without  the  consent  of  said  South  Park  Commissioners ; 
and  said  Railway  Company  shall  at  its  own  cost  and 
expense  furnish  and  deliver  suitable  material  for  con- 
structing, repairing  and  maintaining  the  approach  to 
said  tracks,  including  both  the  driveways  and  planting 
spaces  of  said  Boulevard,  at  such  places  and  at  such 
times  as  shall  be  directed  by  said  South  Park  Com- 
missioners, and  all  alterations  made  necessary  in  said 
Boulevard  to  make  the  driveways  and  planting  spaces 
thereof  conform  to  the  grade  of  said  railway  tracks,  as 
herein  specified,  shall  be  made  at  the  sole  cost  and  ex- 
pense of  said  Railway  Company  and  under  the  super- 
vision and  direction  of  the  Superintendent  of  said 
South  Park  Commissioners;  and  the  said  Railway  Com- 
pany shall  also  pay  any  and  all  expense  incurred  in  the 
removal  of  trees,  made  necessary  by  the  construction 
of  said  crossing,  and  the  full  value  of  such  trees  as 
shall  be  destroyed  thereby. 

Sec.  4.     The  said  Railway  Company  shall,  whenever 


272  MISCELLANEOUS    ORDINANCES. 

SO  directed  by  the  South  Park  Commissioners,  keep  and 
maintain  a  flagman  at  such  crossing  of  said  boulevard, 
or  shall  construct  and  maintain  gates  thereat  as  shall 
be  required  by  the  South  Park  Commissioners  to  in- 
sure the  safety  of  persons  using  said  Boulevard. 

Sec.  5.  The  said  Kailway  Company  shall  at  no  times 
and  under  no  circumstances  permit  any  of  its  cars  or 
locomotives  to  stand  upon  said  tracks,  or  any  of  them, 
to  the  obstruction  of  travel  upon  said  Boulevard  or  any 
part  thereof. 

Sec.  6.  The  permission,  authority  and  privileges 
hereby  granted  are  upon  the  further  express  condition 
that  the  said  Eailway  Company,  whenever  so  directed 
by  the  South  Park  Commissioners  in  compliance  with 
any  general  order  in  regard  to  the  construction  of  via- 
ducts and  the  lowering  of  the  tracks  crossing  the 
Boulevards  under  the  control  of  said  South  Park  Com- 
missioners in  any  particular  district,  shall  pay  their 
just  and  equitable  proportion  of  the  cost  of  construct- 
ing and  maintaining  a  viaduct  over  said  Boulevard  and 
railway  crossing,  and  shall  lower  the  said  tracks  in 
the  manner  required  by  said  South  Park  Commission- 
ers. 

Sec.  7.  The  privileges  hereby  granted  are  upon  the 
further  express  condition  that  the  said  Railway  Com- 
pany shall  at  all  times  comply  with  and  be  subject  to 
all  general  and  special  ordinances  of  said  South  Park 
Commissioners  now  in  force,  or  which  may  hereafter 
be  passed  concerning  the  use  and  occupation  of  said 
Boulevard  and  the  running  and  operating  of  cars  there- 
on or  across  the  same  by  railway  companies,  or  in  re- 
gard to  the  elevation  of  railroad  tracks  crossing  said 


p.,  C,  C.  &  ST.  L.  RY.  CO.  273 

Boulevard,  so  far  as  the  same  appl}^  or  relate  to  tbe 
privileges  hereby  granted. 

Sec.  8.  The  permission  and  authority  hereby  grant- 
ed are  upon  the  further  exi)ress  condition  that  the  said 
I\ailway  Company  shall  forever  indemnify  and  save 
harmless  the  said  South  Park  Oommissioners  from  any 
and  all  legal  action,  damages,  decrees,  and  the  costs 
and  expenses  of  the  same  which  may  be  recovered  or 
obtained  against  the  South  Park  (\miniissioners  for  or 
by  reason  of  or  growing  out  of,  or  resulting  from  the 
l>assage  of  this  ordinance,  or  any  matter  or  thing  ( on- 
neeted  therewith,  or  by  the  exercise  by  the  company  of 
the  i)r'ivileges  her(d)y  granted,  or  from  any  act  or  acts 
of  said  compau}^  under  or  by  virtue  of  this  ordinance. 

Sec.  9.  Should  the  said  company  at  any  time  fail 
to  comply  with  the  conditions  and  provisions  of  this 
ordinance,  or  any  of  them,  or  with  the  general  ordi- 
nances of  the  South  Park  Commissioners,  the  said 
South  Park  Commissioners  may  order  the  said  tracks 
to  be  taken  up  and  removed  by  said  company,  and  on 
its  failure  so  to  do  within  ten  days  after  notice  of  such 
order,  may  cause  the  same  to  be  taken  up  and  removed 
at  the  expense  of  the  said  company. 

Sec.  10.  All  the  provisions  of  this  ordinance  shall 
be  e(jually  binding  upon  the  said  railway  company,  its 
successors,  assigns,  and  lessees. 

Sec.  11.  This  ordinance  shall  be  in  force  only  from 
and  after  the  written  acceptance  of  the  same  and  its 
provisions  by  the  said  Pittsburg,  Cincinnati,  Chicago 
and  St.  Louis  Railway  Company,  duly  signed  and  un- 
der its  corporate  seal,  shall  be  tiled  with  the  Secretary 
of  the  South  Park  Commissioners.  Unless  such  ac- 
ceptance shall  be  so  filed  within  thirty  days  of  the  time 


274  MISCELLANEOUS    ORDINANCES. 

of  the  passage  hereof,  this  ordinance  shall  be  null  and 
void. 

UNIVERSAL  GAS  COMPANY. 

ORDINANCE  GIVING  PERMISSION  TO  THE  UNIVERSAL  GAS 
COMPANY  TO  LAY  AN  8  INCH  GAS  MAIN  IN  THE  EAST 
SIDE  OF  COTTAGE  GROVE  AVENUE  FROM  A  POINT  100 
FEET  NORTH  OF  THE  CENTER  LINE  OF  51ST  STREET  TO 
A  POINT  350  FEET  SOUTH  THEREOF,  AND  IN  THE  EAST 
SIDE  OF  COTTAGE  GROVE  AVENUE  ACROSS  THE  MIDWAY 
PLAISANCE.     [PASSED  NOVEMBER  14,  1894.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  in  consideration  of  the  undertaking 
by  the  Universal  "Gas  Company  to  comply  with  the  con- 
ditions of  this  ordinance,  permission  is  hereby  given 
to  said  Universal  Gas  Company  to  lay  an  8-inch  gas 
main  in  the  east  side  of  Cottage  Grove  Avenue  from  a 
point  100  feet  north  of  the  center  line  of  Fifty-first 
Street  to  a  point  350  feet  south  thereof,  and  in  the  east 
side  of  Cottage  Grove  Avenue  across  the  Midway  Plais- 
ance. 

See.  2.  The  gas  main  shall  be  placed  to  the  lines  and 
grades  given  by  the  South  Park  Commissioners. 

Sec.  3.  The  work  of  laying  the  gas  main  shall  be 
done  when  and  where,  and  in  such  manner  as  shall  be 
specified  by  the  Park  Commissioners  in  the  permit 
issued  to  said  company,  and  said  company  shall  deposit 
with  the  Park  Commissioners,  before  the  issuing  of 
such  permit,  an  amount  satisfactory  to  said  Park  Com- 
missioners to  cover  the  expense  of  repairing  any  dam- 
age which  may  be  done  in  the  laying  of  said  gas  main. 

Sec.  4.  The  Park  Commissioners  shall  replace  all 
road  material  that  is  displaced  by  the  opening  of  the 
trench,  and  the  Universal  Gas  Company  shall  pay  to 


WORLD'S  COLUMBIAN  EXPOSITION.  275 

the  Park  Commissioners  all  the  expense  and  costs 
thereof. 

Sec.  5.  If  at  any  time  the  conditions  and  restrictions 
imposed  by  the  Park  Commissioners  are  not  complied 
with,  or  should  the  Park  Commissioners  in  making  fur- 
ther improvements  in  these  localities,  deem  said  gas 
main  an  obstruction,  or  think  it  advisable  to  have  same 
relaid  to  other  lines,  or  entirely  removed  from  these 
streets,  then  said  Universal  Gas  Company  agrees  to  re- 
move or  relay  said  gas  main  as  ordered  by  the  South 
Park  Commissioners,  and  to  replace  the  roadway  and 
boulevards  in  perfect  order  and  condition  as  they  now 
are,  all  at  the  expense  of  said  Universal  Gas  Company, 
and  to  comply  with  the  orders  and  conditions  of  said 
Park  Commissioners  in  relation  thereto. 

Sec.  6.  That  the  permission  hereby  granted  is  to  be 
temporary  and  subject  to  such  further  restrictions  as 
said  Park  Commissioners,  or  their  successors,  may, 
from  time  to  time,  deem  necessary,  and  also  subject  to 
be  wholly  revoked  in  the  discretion  of  the  Park  Com- 
missioners. 

Sec.  7.  This  ordinance  shall  be  in  force  from  and 
after  its  acceptance  by  said  Universal  Gas  Company, 
but  unless  accepted  within  thirty  days  from  the  pass- 
age thereof  this  ordinance  shall  be  null  and  void. 

WORLD'S  COLUMBIAN  EXPOSITION. 

• 

ORDINANCE   TO    ALLOW   THE   USE   OF   JACKSON   PARK   AND 
THE   MIDWAY   PLAISANCE   FOR  THE  PURPOSES   OF   THE 
WORLD'S    COLUMBIAN    EXPOSITION.       [PASSED    SEPTEM- 
BER 19,  1890.] 

Whereas,  At  Act  of  the  General  Assembly  of  tlie 
State  of  Illinois  entitled,  "An  Act  in  relation  to  the 


276  MISCELLANEOUS    ORDINANCES. 

World's  Columbian  Exposition,"  provides  that  in  case 
the  site  or  sites  for  the  holding-  of  the  World's  Colum- 
bian Exposition,  as  finally  located  and  fixed  by  the  au- 
thorities in  charoe  thereof,  shall  include  any  part  of 
any  public  park  which  is  or  may  be  under  the  control 
and  management  of  the  Park  Commissioners,  then,  and 
in  that  event,  it  shall  be  competent,  and  express  au- 
thority for  such  purpose  is  thereby  granted  to  the  Park 
Commissioners  having  the  control  and  management 
of  such  public  park,  to  aHow  the  use  thereof,  or  any 
part  thereof,  for  the  purposes  of  the  World's  Colum- 
bian Exposition,  upon  sucli  terms  and  conditions  as 
may  be  agreed  upon  between  the  said  Park  Commis- 
sioners and  the  authorities  liaving  the  management  of 
said  exposition;   and 

Whereas,  Said  Act  furtlier  provides  that  tlie  said 
Park  Commissioners  in  charge  of  the  public  grounds, 
or  any  part  thereof  designated  and  selected  as  the  site 
of  the  whole  or  any  part  of  said  exposition,  shall  have 
authority,  in  their  discretion,  to  issue  and  sell  bonds 
to  an  amount  not  exceeding  f  500,000,  the  proceeds  oP 
said  bonds  to  be  applied  to  the  improving  of  the 
grounds  under  their  control  selected  as  aforesaid  for 
said  exposition;  said  power,  however,  not  to  be  exer- 
cised until  the  proposition  to  issue  such  bonds  shall 
have  been  submitted  to  the  vote  of  the  legal  voters  of 
such  park  district  and  receive  a  majority  of  the  votes 
cast  at  such  election ;   and 

Whereas,  The  World's  Columbian  Exposition,  a  cor- 
poration organized  under  the  laws  of  the  State  of  Illi- 
nois for  the  purpose  of  said  exposition,  have  offered  to 
the  World's  Columbian  Commission,  appointed  under 
an  Act  of  Congress  of  the  United  States,  Jackson  Park 


WORLD'S  COLUMBIAN  EXPOSITION.  277 

and  the  Midway  riaiBance  as  the  site  for  a  part  of  the 
said  exposition,  and  the  said  Commission  has  accepted 
the  same  for  the  pnrposes  of  said  exposition;  and 

Whereas,  A  proposition  to  issne  bonds  to  an  amount 
not  exceeding;- 1500,000,  n])()n  the  terms  and  in  tlie  man- 
ner and  for  the  purposes  specified  in  said  Act  of  the 
(reueral  Assembly  of  the  State  of  Illinois,  is  to  be  snb- 
mitt(Ml  to  the  leg'al  voters  of  the  park  district  comi)ris- 
iug  the  towns  of  South  Chicago,  Hyde  Park  and  Lake: 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  Permission  and  authority  are  hereby 
given  to  the  World's  Columbian  Exi)osition,  a  corpora- 
tion, to  use  Jackson  I'ark  and  the  Midway  Plaisauce 
for  the  purposes  of  the  World's  Columbian  Exposition 
ui>on  the  terms  and  conditions  hereinafter  set  forth. 

Sec.  2.  The  said  corporation,  the  World's  Colum- 
bian Exposition,  at  an^^  time  after  the  acceptance  of 
this  ordinance  and  the  approval  of  the  first  bond  to  be 
given  by  said  corporation  as  hereinafter  set  forth,  shall 
have  the  right  to  enter  upon  said  premises  and  take 
possession  of  such  portions  thereof  as  may  be  necessary 
in  constructing  the  buildings  and  making  other  prepa- 
rations for  snch  exposition,  and  may  make  such 
changes  in  and  such  use  of  said  premises,  or  any  part 
thereof,  as  may  be  necessary  for  the  purposes  of  such 
exposition. 

Sec.  3.  The  said  corjtoration,  the  Worhl's  Columbian 
Exposition,  shall  have  the  right  to  enclose  Jackson 
Park  and  the  Midway  Plaisanc(%  or  eilher  of  theui,  by  a 
fence  or  wall,  jn-ovidcd,  however,  that  the  entrances  to 
Jackson  Park  and  I  he  roadways  across  the  Midway 
Plaisance  shall  not  be  closed  prior  to  the  first  <hiy  of 
October,  1892.     The  said  corporation,  the  World's  Co- 


278  MISCELLANEOUS    ORDINANCES. 

luinbian  Exposition,  may  take  all  necessary  measures 
to  prevent  the  encroachment  of  persons  and  vehicles 
upon  such  portions  of  said  Jackson  Park  and  the  Mid- 
way Plaisance  as  may  be  in  actual  use  in  the  prepara- 
tion for  such  exposition. 

Sec.  4.  Such  parts  of  Jackson  Park  and  the  Midway 
Plaisance  as  shall  not  be  in  actual  use  for  the  con- 
struction of  buildings  and  other  preparations  for  said 
exposition  shall  be  under  the  care  and  supervision  of, 
and  shall  be  maintained  by,  the  said  South  Park  Com- 
missioners until  the  first  day  of  October,  1892,  but  the 
said  South  Park  Commissioners  shall  not  be  responsi- 
ble for  the  care,  safety  or  maintenance  of  any  build- 
ings, work  or  construction  of  any  kind,  or  any  property 
of  tlie  World's  Columbian  Exposition,  or  of  any  other 
persons,  person  or  corporation  upon  said  premises. 

Sec.  5.  On  the  first  day  of  October,  1892,  the  South 
Park  Commissioners  shall  turn  over  to  the  said  cor- 
poration, the  AVorld's  Columbian  Exposition,  the  entire 
possession,  control  and  management  of  Jackson  Park 
and  the  Midway  Plaisance,  and  thereafter  until  the 
first  day  of  January,  1894,  the  said  corporation,  the 
World's  Columbian  Exposition,  shall  have  the  full  con- 
trol of  the  same  for  the  purposes  of  the  said  exposition 
and  shall  make  all  rules  and  regulations  in  regard  to 
the  entrance  to  said  premises,  provided,  however,  that 
until  the  first  day  of  April,  1893,  the  South  Park  Com- 
missioners, their  officers,  agents  and  employes,  shall 
at  all  times  have  free  access  to  said  Jackson  Park  and 
Midway  Plaisance  for  the  construction  of  the  Lake 
Shore  Improvement  and  of  such  other  work  as  the 
South  Park  Commissioners  may  desire  to  prosecute. 
From  the  first  day  of  October,  1892,  said  World's  Co- 


WORLD'S  COLUMBIAN  EXPOSITION.  279 

liimbian  Exposition  shall  also  pay  all  the  cost  of  the 
care  and  maijitenance  thereof,  and  the  South  Park 
Commissioners  shall  be  at  no  expense  whatsoever  in 
regard  thereto. 

Sec.  6.  'On  the  first  day  of  January,  1894,  the  said 
park  and  plaisance  shall  be  restored  to  the  possession 
of  the  South  Park  Commissioners,  except  such  parts 
thereof  as  shall  be  occupied  by  the  buildings  or  other 
constructions  of  the  said  World's  Columbian  Exposi- 
tion; but  the  said  corporation,  the  World's  Columbian 
Exposition,  shall  have  the  right  to  remove  all  such 
buildings  and  constructions  from  said  premises,  pro- 
vided that  all  of  such  buildings  and  constructions 
which  shall  be  upon  the  north  eighty-four  acres  of 
Jackson  Park,  being  the  present  fully  improved  por- 
tion thereof,  shall  be  removed  prior  to  the  first  day  of 
May,  1894,  and  all  the  buildings  and  constructions 
upon  the  other  portions  of  said  park  and  upon  said 
Midway  Plaisance  shall  be  removed  prior  to  the  first 
day  of  May,  1895,  and  all  such  buildings  and  construc- 
tions which  shall  not  be  removed  within  the  times 
above  limited  shall  become  the  property  of  the  South 
Park  Commissioners. 

Sec.  7.  The  use  of  said  Jackson  Park  and  Midway 
Plaisance  is  granted  for  tlie  purposes  of  said  exposi- 
tion upon  the  further  express  condition  that  the  said 
park  and  plaisance  shall  be  used  during  the  periods 
above  mentioned  only  for  the  purposes  of  said  exposi- 
tion and  subject  to  the  foregoing  terms  and  conditions, 
and  also  upon  the  further  condition  tliat  the  said  park 
and  plaisance  shall  be  surrendered  to  the  South  Park 
Commissioners  in  as  good  a  condition  as  they  now  are. 
An  acceptance  of  this  ordinance  by  the  World's  Coluiii- 


280  MISCELLANEOUS    ORDINANCES. 

bian  Exposition  shall  ooustitute  on  its  part  an  agree- 
ment to  fully  comply  with  all  tlie  terms  and  conditions 
of  this  ordinance. 

Sec.  8.  In  case  the  proposition  to  issue  bonds,  as 
provided  in  said  Act  of  the  General  Assembly  of  the 
State  of  Illinois,  shall  receive  a  majority  of  the  votes 
cast  at  the  election  at  which  such  proposition  shall  be 
submitted,  the  South  Park  Commissioners  will  exer- 
cise the  power  therein  conferred,  and  issue  bonds  to  the 
amount  of  1 500,000.00,  as  in  said  Act  provided,  and 
from  the  proceeds  of  such  bonds  will  expend  the 
amount  necessary  to  complete  the  Lake  Shore  improve- 
ment, which,  it  is  estimated,  will  cost  about  |270,- 
000.00,  and  will  expend  the  balance  thereof  in  the  im- 
provement of  Jackson  Park;  making  said  improve- 
ments in  consonance  with  the  plans,  and  available  for 
the  purposes  of  the  said  exposition,  as  far  as  compati- 
ble with  such  improvements  being  of  a  permanent  char- 
acter, and  of  permanent  benefit  in  the  development  of 
said  park. 

Sec.  9.  This  ordinance  shall  be  accepted  in  writing 
by  the  said  corporation,  the  World's  Columbian  Exposi- 
tion, within  thirty  days  after  its  passage;  otherwise, 
it  shall  be  null  and  void.  The  said  corporation,  the 
World's  Columbian  Exposition,  shall  also  file  a  bond 
in  the  penal  sum  of  |100,000.00,  to  be  approved  by  the 
South  Park  Commissioners,  said  bond  to  be  condi- 
tioned for  the  faithful  performance  of  all  the  terms 
and  conditions  herein  prescribed,  and  also  to  indemnify 
and  save  harmless  the  South  Park  Commissioners 
against  all  damages  on  account  of  the  use  of  said 
grounds  for  the  purposes  of  said  exposition  or  the  pas- 
sage of  this  ordinance. 


WORLD'S  COLUMBIAN  EXPOSITION.  281 

The  said  World's  Cohiiiibiau  Exposition  shall  also, 
before  the  removal  of  any  of  its  buildings  or  construc- 
tions placed  upon  Jackson  Park  or  the  Midway  Plais- 
ance,  file  with  said  South  Park  Commissioners  an  addi- 
tional bond  in  the  penal  sum  of  one  hundred  thousand 
dollars,  with  good  and  sufficient  sureties,  conditioned 
for  tJie  faithful  performance  of  all  the  terms  and  con- 
ditions herein  prescribed;  and  also  to  indemnify  and 
save  harmless  the  South  Park  Commissioners  against 
all  damages  on  account  of  the  use  of  said  grounds  for 
the  purposes  of  said  exposition  or  the  passage  of  this 
ordinance. 


ORDINANCE  AMENDING  AN  ORDINANCE  ENTITLED  "AN  OR- 
DINANCE TO  ALLOW  THE  USE  OF  JACKSON  PARK  AND 
THE  MIDWAY  PLAISANCE  FOR  THE  PURPOSES  OF  THE 
WORLD'S  COLUMBIAN  EXPOSITION."  [PASSED  APRIL  13, 
1892.] 

Whereas,  The  South  Park  Commissioners  on  the 
19th  day  of  September,  A.  D.  1890,  passed  an  ordinance 
entitled  "An  ordinance  to  alloAv  the  use  of  Jackson 
Park  and  the  Midway  Plaisance  for  the  purposes  of  the 
World's  Columbian  Exposition,"  which  said  ordinance 
provided  among  other  things  that  the  entrances  to 
Jaickson  Park  should  not  be  closed  prior  to  the  first  day 
of  October,  1892,  and  that  such  parts  of  Jackson  Park 
as  should  not  be  in  actual  use  for  the  construction  of 
buildings  and  other  preparations  for  said  exposition 
should  be  under  the  care  and  supervision  of  and  should 
be  maintained  by  the  said  South  Park  Commissioners 
ftntil  the  first  day  of  October,  1892. 

And  whereas.  The  \\'orld's  Columbian  Exposition 
has  made  aiiplication  to  the  South  P^rk  (Commission- 
ers to  enclose  the  whole  of  Jackson  Park,  claiming 


282  MISCELLANEOUS    ORDINANCES. 

that  sucli  enclosure  is  necessary,  owing  to  the  rapid 
advancement  of  the  exposition  work  within  the  bound- 
aries of  said  park,  and  to  properly  police  the  grounds. 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  Permission  and  authority  are  hereby 
given  to  the  World's  Columbian  Exposition  to  entirely 
enclose  Jackson  Park  and  the  entrances  thereto;  and 
the  entire  possession,  control  and  management  of  said 
park  shall  be  turned  over  to  the  said  World's  Colum- 
bian Exposition  upon  the  acceptance  of  this  ordinance. 
And  the  said  World's  Columbian  Exposition  shall  in 
regard  to  sai<l  i)ark  after  said  acceptance  have  the 
same  power  and  be  subject  to  the  same  liabilities  as 
are  granted  to  and  imposed  upon  them  by  section  5  of 
the  said  ordinance  of  which  this  is  an  amendment  sub- 
ject to  the  proviso  contained  in  said  section  5  of  said 
ordinance. 

Sec.  2.  The  said  ordinance  above  mentioned  allow- 
ing the  use  of  Jackson  Park  and  the  Midway  Plaisance 
for  the  purposes  of  the  World's  Columbian  Exposition 
shall  remain  in  full  force  and  effect  except  so  far  as  it 
is  hereby  amended  by  changing  the  date  at  which  the 
said  Jackson  Park  shall  be  entirely  turned  over  to  the 
control  of  the  World's  Columbian  Exposition,  from  the 
first  day  of  October,  1S92,  the  day  mentioned  in  said  or- 
dinance, to  the  time  when  this  ordinance  shall  be  ac- 
cepted. 

Sec.  3.  This  ordinance  shall  be  void  and  of  no  effect 
unless  accepted  in  writing  by  the  said  corporation,  the 
World's  Columbian  Exposition,  within  ten  days  after 
its  passage,  and  such  acceptance  shall  constitute  on  the 
part  of  the  World's  Columbian  Exposition  an  agree- 
ment to  fully  comply  with  all  the  terms  and  conditions 


WORLD'S  COLUMBIAN  EXPOSITION.  283 

of  this  ordinance  and  of  the  ordinance  of  which  this 
ordinance  is  an  amendment  except  so  far  as  hereby 
amended. 


RESOLUTION  CONCERNING  THE  CLAIMS  OF  THE  COMMIS- 
SIONERS AGAINST  THE  WORLD'S  COLUMBIAN  EXPOSI- 
TION.    [PASSED  DECEMBER  13,  1893.] 

Whereas,  The  South  Park  Commissioners  have  re- 
ceived from  the  Columbian  Exposition  through  its 
secretary,  H.  O.  Edmonds,  the  following: 

Extract  from  the  minutes  of  a  meeting  of  the  Board 
of  Directors  of  the  World's  Columbian  Exposition,  held 
Friday,  December  8th,  1893: 

"Resolved,  That  the  compromise  offer  of  settlement 
of  the  South  Park  Commissioners,  of  all  damages  and 
claims  against  this  corporation,  connected  with,  or  re- 
sulting from  the  occupancy  of  Jackson  Park  and  Mid- 
way Plaisance,  by  the  World's  Columbian  Exposition, 
under  ordinance  of  said  South  Park  Commissioners,  be, 
and  the  same  is  hereby  accepted;  and  for  the  purpose 
of  concluding  such  settlement,  the  President  is  hereby 
authorized  to  transfer  and  deliver  to  said  South  Park 
Commissioners,  by  proper  bill  of  sale,  or  other  writing, 
all  the  buildings  and  other  property  of  this  exposition 
situate  in  Jackson  Park  or  Midway  Plaisance,  and  par- 
ticularly described  in  a  schedule  of  said  property  here- 
tofore prepared  and  delivered  said  South  Park  Commis- 
sioners by  the  President  of  this  corporation;  also  to 
pay  said  South  Park  Commissioners  the  sum  of  two 
hundred  thousand  dollars  (|200,000),  which  said  sum 
and  delivery  of  property  shall  be  in  full  i)ayment,  set- 
tlement and  discharge  of  all  liabilities  and  obligations 
of  every  kind  and  character  resting  upon  this  corpora- 


284  MISCELLANEOUS    ORDINANCES. 

tion,  by  reason  of  the  occupancy  of  the  above  described 
Park  and  Phiisance,  under  the  ordinance  hereinbefore 
referred  to;  and  the  President  is  authorized  and  di- 
rected to  accept  such  discharge  quittance  or  receipt  as 
may  be  necessary  to  effectuate  the  purpose  of  said  set- 
tlement, together  with  the  bond,  in  the  penal  sum  of 
one  hundred  thousand  dollars  (|100,000)  heretofore  ex- 
ecuted by  this  corporation  to  said  South  Park  Com- 
missioners; possession  of  all  of  said  property,  and 
every  part  thereof  to  be  given  said  South  Park  Com- 
missioners as  soon  as  the  exhibits  now  installed  in  said 
buildings  shall  be  removed  therefrom. 

Said  sale  and  transfer  of  buildings  subject,  however, 
to  the  further  condition  that  if  the  City  of  Chicago 
shall  elect  to  purchase  of  this  corporation  the  Liberal 
Arts  and  Manufactures  Building,  the  title  of  said 
building  may  be  transferred  by  this  corporation  to 
said  City  of  Chicago,  and  such  sale  and  transfer  shall 
in  no  wise  affect  or  Impair  this  settlement;  but  if  said 
city  shall  not  elect  to  purchase  said  building  within 

months,  then  the  title  thereto  shall  pass  to 

said  South  Park  Commissioners."     And, 

Whereas,  The  President  of  the  South  Park  Commis- 
sioners reports  that  in  pursuauce  of  the  authority  dele- 
gated to  him  at  the  last  meeting  of  the  Park  Commis- 
sioners, the  action  of  the  Columbian  Exposition  is  in  ac- 
cordance with  the  proposition  which  he  submitted. 

Therefore,  Resolved,  First,  That  the  Park  Commis- 
sioners assent  to  the  resolution  prepared  by  the  Co- 
lumbian authorities,  and 

Second,  That  the  President  of  the  South  Park  Com- 
missioners and  their  attorney  be  instructed  to  prepare 


WORLD'S  COLUMBIAN  EXPOSITION.  285 

the  papers  and  take  all  steps  necessary  to  complete  the 
transaction. 


AN  ORDINANCE  IN  RELATION  TO  THE  SETTLEMENT  OF  DIF- 
FERENCES BETWEEN  THE  SOUTH  PARK  COMMISSIONERS 
AND  THE  WORLD'S  COLUMBIAN  EXPOSITION.  [PASSED 

DECEMBER  29,  1893.] 

Whereas,  The  Sonth  Park  roniniissioners,  on  tlx^ 
nineteenth  day  of  Sei)teniber,  ISOO,  i)assed  an  ordi- 
nance entitled  "An  ordinance  to  allow  the  use  of  Jack- 
son Park  and  the  Midway  Plaisance  for  the  purposes  of 
the  World's  (Ndunibian  Exposition,"  which  said  ordi- 
nance provided  for  the  use  of  Jackson  Park  and  the 
Midway  Plaisance  for  the  purposes  of  the  World's  Co- 
lumbian Exposition  upon  tlu^  terms  and  conditions  set 
forth  in  said  ordinance; 

And  whereas.  Anionic  the  terms  and  conditions  of 
said  ordinance  there  was  a  provision  that  on  the  first 
day  of  January,  1894,  the  said  Park  and  Plaisance 
should  be  restored  to  the  possession  of  the  South  Park 
Commissioners,  except  such  parts  thereof  as  should  be 
occupied  by  the  buildin<;s  or  other  constructions  of  the 
said  World's  Columbian  Exposition,  but  that  the 
World's  Coli>mbian  Exposition  should  have  the  right 
to  remove  all  such  buildinns  and  constructions  from 
said  premises,  ])rovided  that  all  such  buildings  and 
constructions  which  should  be  upon  the  north  eighty- 
four  acres  of  Jackson  Park  should  Ix^  nMuoved  prior 
to  the  first  da}-  of  May,  1894,  and  all  the  buildings  and 
constructions  upon  the  other  ])ortions  of  sai<l  i)ark  and 
upon  said  Midway  Plaisance  should  be  removed  ])rior 
to  the  first  day  of  May,  1895,  and  that  all  such  buildings 
and  constructions  which  should  not  be  removed  within 


286  MISCELLANEOUS    ORDINANCES. 

the  times  above  limited  should  become  the  property  of 
the  South  Park  Commissioners; 

And  whereas,  It  was  further  provided  in  said  ordi- 
nance that  the  use  of  said  Jackson  Park  and  said  Mid- 
way Plaisance  was  granted  upon  the  further  condition 
that  the  said  Park  and  Plaisance  should  be  surrendered 
to  the  South  Park  Commissioners  in  as  good  a  condi- 
tion as  they  were  at  the  time  of  the  passage  of  said  or- 
dinance; 

And  whereas,  Said  ordinance  also  provided  that  the 
World's  Columbian  Exposition  should  file  a  bond  in 
the  penal  sum  of  one  hundred  thousand  dollars,  to  be 
approved  by  the  South  Park  Commissioners,  said  bond 
to  be  conditioned  for  the  faithful  performance  of  all 
the  terms  and  conditions  in  said  ordinance  prescribed, 
and  also  to  indemnify  and  save  harmless  the  South 
Park  Commissioners  against  all  damage  on  account  of 
the  use  of  said  grounds  for  the  purposes  of  said  exposi- 
tion, or  the  passage  of  said  ordinance,  and  also  that  the 
World's  Columbian  Exposition  should  before  the  re- 
moval of  any  of  its  buildings  or  constructions  placed 
upon  Jackson  Park  or  the  said  Midway  Plaisance  file 
with  said  South  Park  Commissioners  an  additional 
bond  in  the  penal  sum  of  one  hundred  thousand  dol- 
lars with  good  and  sufiicient  sureties  conditioned  in 
the  same  manner  as  the  bond  above  mentioned. 

And  whereas.  The  exposition  contemplated  by  said 
ordinance  has  been  held  upon  the  said  Jackson  Park 
and  the  Midway  Plaisance,  and  the  South  Pai'k  Com- 
missioners claim  damages  on  account  of  the  use  there- 
of for  such  purpose,  and  the  World's  Columbian  Expo- 
sition, in  order  to  relieve  itself  from  the  obligations 
contained  in  said  ordinance,  have  made  a  proposition 


WORLD'S  COLUMBIAN  EXPOSITION.  287 

to  pay  to  the  South  Park  Commissioners  the  sum  of 
two  hundred  thousand  doHars,  and  to  convey  to  the 
South  Park  Commissioners  certain  buildings,  construc- 
tions and  personal  property  now  owned  by  the  World's 
Columbian  Exposition,  in  full  settlement  and  dis- 
charge of  its  obligations  of  the  said  ordinance; 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS: 

Section  1.  That  upon  the  payment  to  the  South 
Park  Commissioners  of  the  sum  of  two  hundred  thou- 
sand dollars,  and  the  conveyance  to  the  South  Park 
Commissioners  of  the  buildings,  constructions  and  per- 
sonal property  mentioned  in  the  schedule  hereto  an- 
nexed, and  the  delivery  to  the  South  Park  Commission- 
ers of  the  possession  of  Jackson  Park  and  Midway 
Plaisance  and  the  said  buildings,  constructions  and 
personal  property,  subject,  however,  to  the  terms  and 
conditions  hereinafter  set  forth,  the  World's  Colum- 
bian Exposition  shall  be  released  from  all  its  obliga- 
tions under  said  original  ordinance  except  as  herein- 
after mentioned,  and  its  bond  of  one  hundred  thousand 
dollars  filed  with  said  Commissioners  shall  be  deliv- 
ered up  and  canceled. 

Sec.  2.  The  sale  and  transfer  of  the  Liberal  Arts 
and  Manufactures  Building  is  upon  the  condition 
that  if  the  City  of  Chicago  shall  elect  to  purchase  of  the 
World's  Columbian  Exposition  the  said  building,  the 
sale  and  transfer  to  the  South  Park  Commissioners 
thereof  shall  become  null  and  void,  provided  such 
election  shall  be  made  prior  to  the  first  day  of  May, 
1891,  and  if  the  City  of  Chicago  shall  not  elect  to  pur- 
chase said  building  prior  to  that  date,  then  the  title 
to  the  same  in  the  South  Park  Commissioners  shall  be- 
come absolute. 


288  MISCELLANEOUS    ORDINANCES. 

Sec.  3.  The  sale  and  transfer  of  said  buildings  is 
upon  the  further  condition  that  said  buildings  are  to 
remain  in  control  of  and  be  at  the  risk  of  the  World's 
Columbian  Exposition  until  the  exhibits  or  other  prop- 
ertvnot  belongingto  theWorld's  Columbian  Exposition 
and  for  which  tlie  AYorld's  Columbian  Exposition  is 
responsible,  are  entirely  removed  fr(mi  such  buildings, 
each  building,  however,  to  be  turned  over  to  the  South 
Park  Commissioners  as  soon  as  such  property  is  re- 
moved therefrom;  but  all  such  buildings  must  be  va- 
cated and  turned  over  to  the  South  Park  Commission- 
ers on  or  before  the  first  day  of  May,  1895.  And  while 
said  buildings  shall  remain  in  control  of  the  World's 
Columbian  Exposition,  it  shall  indemnify  and  save 
harmless  the  South  Park  Commissioners  from  all  lia 
bility  for  accidents  therein  and  from  all  damages  of  all 
kinds  on  account  of  said  buildings  or  the  occupancy 
thereof. 

Sec.  4.  This  ordinance  is  passed  upon  the  express 
condition  that  all  the  buildings  and  constructions  upon 
the  north  eighty-four  acres  of  Jackson  Park  and  upon 
the  Midway  Plaisahce  not  conveyed  to  the  South  Park 
Commissioners  shall  be  removed  prior  to  the  first  day 
of  May,  1894,  and  all  such  buildings  and  constructions 
which  shall  not  be  removed  before  that  date  shall  be- 
come the  property  of  the  South  Park  Commissioners, 

Sec.  5.  The  World's  Columbian  Exposition  shall 
have  the  right  to  rejnove  the  water  and  gas  pipes,  elec- 
tric A\  ires  and  electric  cables  not  included  in  the  said 
schedule  hereto  annexed,  all  of  such  pipes,  wires  and 
cables  to  be  removed  in  a  careful  and  workmanlike 
manner,  and  all  trenches  and  holes  to  be  refilled  and 
leveled,  and  all  such  water  and  gas  pipes,  wires  and 


WORLD'S  COLUMBIAN  EXPOSITION.  289 

cables  as  shall  not  be  removed  in  the  north  eighty-fonr 
acres  of  Jackson  Park  and  Midway  Plaisance  prior  to 
the  first  day  of  May,  1804,  and  in  the  remaining  portion 
of  Jackson  Park  prior  to  the  first  day  of  May,  1895, 
shall  become  the  property  of  the  Sonth  Park  Commis- 
sioners. 

Schedule  of  buildings,  constructions  and  personal 
property  referred  to  in  the  foregoing  ordinance. 

Liberal  Arts  and  Manufactures  Building. 

Agricultural  Building. 

Electricity  Building. 

Machinery  Hall. 

Mines  and  Mining  Building. 

Transportation  Building. 

Forestry  Building. 

Horticultural  Building. 

Fine  Arts  Building. 

Administration  Building. 

Woman's  Building. 

Fisheries  Building. 

Terminal  Station,  Music  Hall,  Casino  and  Peristyle. 

Anthropological  Building. 

Stock  Pavilion. 

Colonnade. 

Dairy  Building. 

Choral  Hall. 

Shoe  and  Leather  Building. 

Stock  Barns. 

Service  Buildings. 

Sewerage  Building,  with  engines,  boilers  and  all 
other  appurtenances. 

Saw-mill. 

Engine-houses. 


290  MISCELLANEOUS    CRDINANCES. 

Monastery  or  Convent  of  La  Kabida. 

Greenhouse,  west  of  Horticultural  Building. 

Greenhouse,  in  south  end  of  Jackson  Park. 

All  bridges  and  all  statuary  on  bridges. 

Band-stands. 

Piers. 

Walks  and  roadways,  and  all  brick  now  or  formerly 
used  in  walks. 

Statue  of  the  Republic. 

Three  road  rollers. 

Grate  bars  in  Horticultural  Building. 

All  tools  and  implements  appertaining  to  the  water, 
sewage  and  landscape  departments. 

Arc  light  conductors. 

Twelve  hundred  lamp  posts. 

Two  hundred  and  ninety  tons  of  pipe,  4-inch  to  36- 
inch,  in  stock. 

Forty-three  tons  of  special  fittings  in  stock. 

Plumbers'  materials  and  tools  on  hand. 
.    Wrought  iron  pipe  and  fittings  in  stock. 

Sewer  pipe,  man  hole  and  catch  basin  covers  in 
stock. 

One  thousand  vases,  together  with  all  the  palms  or 
I)lants  of  any  description  used  therein  during  the  ex- 
position. 

Included  in  buildings  are  all  constructions  apper- 
taining thereto  which  the  Columbian  Exposition  is  not 
required  by  contract  to  return  to  the  owners. 


WORLD'S  COLUMBIAN  EXPOSITION.  291 

AN  ORDINANCE  TO  ALLOW  THE  USE  OF  WASHINGTON  PARK 
FOR  THE  PURPOSES  OF  THE  WORLD'S  COLUMBIAN  EXPO- 
SITION.    [PASSED    SEPTEMBER    23,    1890.] 

Whereas,  The  South  Park  Commissioners  on  the 
nineteenth  day  of  September,  A.  D.  1890,  passed  an  or- 
dinance entitled  "An  ordinance  to  allow  the  use  of 
Jackson  Park  and  the  Midway  Plaisance  for  the  pur- 
poses of  the  World's  Columbian  Exposition,"  which 
said  ordinance  was  accepted  by  the  World's  Columbian 
Exposition,  corporation,  as  in  said  ordinance  provided; 

And  whereas.  The  National  World's  Columbian 
Commission  subsequently  has  passed  a  resolution  that 
the  space  needed  for  the  said  exposition  and  to  make 
the  same  adequate  and  satisfactory  to  the  Commission 
requires  that  Washington  Park  be  added  to  the  sev- 
eral plats  of  ground  tendered  to  said  Commission  as  a 
site  for  the  said  exposition;  and  that  the  addition  of 
Washington  Park  may  be  made  by  the  Chicago  Direc- 
tory and  will  be  accepted  by  the  said  Commission  with 
the  understanding  that  only  so  much  of  said  several 
plats  as  may  be  required  for  exposition  purposes  will 
be  used; 

And  whereas.  The  Board  of  Directors  of  the  World's 
Columbian  Exposition  have  passed  a  resolution  that 
in  the  opinion  of  said  board  the  honor  of  Chicago  and 
the  necessities  of  the  exj)osition  alike  require  the  adop- 
tion of  W^ashington  Park  as  an  important  part  of  the 
site  for  the  World's  Columbian  Exposition: 

BE  IT  ORDAINED: 

Section  1.  Permission  and  authority  are  hereby 
given  to  the  World's  Columbian  Exposition,  corpora- 
tion, to  use  so  much  of  Washington  Park  for  the  pur- 
poses of  the  World's  Columbian  Exposition  as  shall  be 


292  MISCELLANEOUS    ORDINANCES. 

necessary  for  such  pmiDOses,  except  the  portion  thereof 
occupied  by  the  barn,  conservatory  and  needed  places 
of  the  Park  Administration,  such  use  to  be  upon  the 
terms  and  conditions  hereinafter  set  forth. 

Sec.  2.  Said  corporation,  the  World's  Columbian 
Exposition,  at  any  time  after  the  acceptance  of  this  or- 
dinance and  the  approval  of  the  first  bond  to  be  given 
by  said  corporation  as  hereinafter  set  forth,  shall  have 
the  right  to  enter  upon  said  Washington  Park  and  take 
possession  of  such  portions  thereof  as  may  be  neces- 
sary in  constructing  the  buildings  and  making  other 
preparations  for  such  exposition,  and  may  make  such 
use  of  said  premises,  except  the  portions  thereof  here- 
by retained  by  the  said  South  Park  Commissioners,  as 
may  be  necessary  for  the  purposes  of  said  exposition; 

Provided,  however.  That  no  change  shall  be  made  in 
the  present  roads  and  paths  in  said  Washington  Park, 
nor  shall  the  present  contours  of  the  ground  be  altered 
nor  any  of  the  trees  or  shrubs  in  said  park  be  interfered 
with. 

Sec.  3.  The  said  corporation,  the  World's  Colum- 
bian Exposition,  shall  have  the  right  to  enclose  Wash- 
ington Park,  except  the  portions  thereof  hereby  re- 
tained, if  such  park  shall  be  actually  used  as  the  loca- 
tion of  buildings  or  other  constructions,  forming  an  in- 
tegral and  substantial  part  of  the  exposition;  Provid- 
ed, however,  that  the  entrances  to  said  park  shall  not 
be  closed  prior  to  the  first  day  of  October,  1892.  Said 
corporation,  the  World's  Columbian  Exposition,  may 
take  all  necessary  measures  to  prevent  the  encroach- 
ment of  persons  and  vehicles  upon  said  portions  of 
Washington  Park  as  may  be  in  actual  use  in  the  prepa- 
ration for  such  exposition. 


WORLD'S  COLUMBIAN  EXPOSITION.  293 

Sec.  4.  Such  parts  of  Washington  Park  as  shall  not 
be  in  actnal  nse  for  the  construction  of  buildings  and 
other  preparations  for  such  exposition  shall  be  under 
the  care  and  supervision  of  and  shall  be  maintained  by 
the  South  Park  Coniniissioners  until  the  first  day  of 
October,  1S1)2,  but  the  South  Park  Commissioners  shall 
not  be  responsible  for  the  care,  safety  or  maintenance 
of  any  buildings,  work  or  construction  of  any  kind  or 
property  of  the  World's  Columbian  Exposition,  or  any 
other  persons,  person  or  corporation  upon  said  prem- 
ises. Such  parts  of  Washington  Park  as  shall  be  in 
actual  use  by  the  World's  Columbian  Exposition  shall 
be  maintained  by  said  corporation. 

Sec.  5.  On  the  first  day  of  October,  1892,  the  South 
Park  Commissioners  shall  turn  over  to  the  said  cor- 
poration, the  World's  Columbian  Exposition,  the  en- 
tire jxjssession,  control  and  management  of  such  parts 
of  Washing-ton  Park  as  shall  have  been  prepared  and 
enclosed  for  the  purposes  of  said  exposition,  and  there- 
after and  until  the  first  day  of  January,  1894,  the  said 
corporation,  the  World's  Columbian  Exposition,  shall 
have  the  full  control  of  the  same  for  the  pui*poses  of 
said  exposition  and  shall  make  all  iiiles  and  regula- 
tions in  regard  thereto,  and  shall  at  its  own  cost  main- 
tain the  same  in  good  condition,  and  the  South  Park 
Commissioners  shall  be  at  no  expense  in  regard  thereto. 

Sec.  6.  On  the  first  day  of  January,  1894,  such  i>arts 
of  said  Washington  Park  as  shall  then  be  in  the  pos- 
session of  the  said  World's  Columbian  Exposition, 
shall  be  restored  to  the  possession  of  said  South  Park 
Commissioners,  except  such  portions  thereof  as  shall  be 
actually  occupied  by  the  buildings  or  other  construc- 
tions of  the  said  World's  Columbian  Exposition,  but 


294  MISCELLANEOUS    ORDINANCES. 

the  said  corporation,  the  World's  Columbian  Exposi- 
tion, shall  have  the  right  to  remove  all  such  buildings 
and  constructions  from  said  premises,  provided  that 
all  of  such  buildings  shall  be  removed  prior  to  the  first 
day  of  May,  1S94,  and  all  such  buildings  and  construc- 
tions which  shall  not  be  removed  at  that  time  shall  be- 
come the  property  of  the  South  Park  Commissioners. 
Sec.  7.  The  use  of  the  portions  of  Washington  Park 
hereinbefore  mentioned  is  granted  upon  the  further  ex- 
press condition  that  in  case  the  World's  Columbian 
Exposition  shall  determine  to  use  a"  considerable  por- 
tion thereof,  for  the  purposes  of  said  exposition  in  such 
a  manner  as  shall  require  the  enclosing  of  a  consider- 
able portion  thereof,  then  and  in  that  event  the  right 
to  use  the  north  eighty-four  acres  (84)  of  Jackson  Park 
being  the  present  fully  improved  portion  thereof  here- 
tofore granted  by  the  said  ordinance  passed  on  the 
nineteenth  day  of  September,  1890,  shall  be  abrogated. 
And,  if  the  said  World's  Columbian  Exposition  shall 
enter  upon  the  said  improved  portion  of  Jackson  Park 
and  take  possession  thereof  for  the  purposes  of  said 
exposition,  then  the  said  corporation  shall  have  no 
right  to  enclose  any  portion  of  Washington  Park  un- 
der the  provisions  of  this  ordinance.  If  the  said  cor- 
poration, the  World's  Columbian  Exposition,  shall  en- 
ter upon  Washington  Park  and  take  possession  of  any 
portion  thereof  for  the  purpose  of  preparing  the  same 
for  the  use  of  said  exposition  in  such  a  manner  as  will 
require  the  enclosure  of  any  portion  of  said  park,  then 
the  permission  and  authority  to  use  the  said  improved 
portion  of  Jackson  Park,  contained  in  the  ordinance 
heretofore  passed  by  the  South  Park  Commissioners 
upon  the  said  nineteenth  day  of  September,  1890,  shall 


WORLD'S  COLUMBIAN  EXPOSITION.  295 

be  entirely  abrogated  and  all  rights  thereunder  to  the 
use  of  such  improved  portion  thereof  forfeited. 

Sec.  8.  The  use  of  Washington  Park  is  granted  for 
the  purposes  of  said  exposition  upon  the  further  ex- 
press condition  that  the  said  park,  if  used  by  said 
World^s  Columbian  Exposition,  shall  be  used  during 
the  periods  above  mentioned  only  for  the  purjjoses  of 
said  exposition  and  subject  to  the  foregoing  terms  and 
conditions,  and  also  upon  the  further  express  condition 
that  the  portions  of  said  park  so  used  shall  be  surren- 
dered to  the  South  Park  Commissioners  in  as  good  a 
condition  as  they  now  are.  An  acceptance  of  this  or- 
dinance by  the  World's  Columbian  Exposition  shall 
constitute  on  its  part  an  agreement  to  fully  comply 
with  all  the  terms  and  conditions  of  this  ordinance. 

Sec.  9.  This  ordinance  shall  be  accepted  in  writing 
by  the  said  corporation,  the  World's  Columbian  Expo- 
sition, within  twent}^  days  after  its  passage,  otherwise 
it  shall  be  null  and  void.  The  said  corporation,  the 
World's  Columbian  Exposition,  shall  also  file  a  bond 
in  the  penal  sum  of  fifty  thousand  dollars  (|50,000)  to 
be  approved  by  the  South  Park  Commissioners,  said 
bond  to  be  conditioned  for  the  faithful  performance  of 
all  the  terms  and  conditions  herein  prescribed  and  also 
to  indemnify  and  save  harmless  the  South  Park  Com- 
missioners against  all  damages  on  account  of  the  use  of 
said  grounds  for  the  purposes  of  said  exposition  or  the 
passage  of  this  ordinance. 

The  said  World's  Columbian  Exposition  shall  also, 
before  the  removal  of  any  of  its  buildings  or  construc- 
tions placed  upon  said  Washington  Park  file  with  said 
South  Park  Commissioners  an  additional  bond  in  the 
penal  sum  of  fifty  thousand  dollars  (|50,000)  with  good 


296  MISCELLANEOUS    ORDINANCES. 

and  yiifficient  sureties,  conditioned  for  the  faithful  per- 
formance of  all  the  terms  and  ^conditions  herein  pre- 
scribed, and  also  to  indemnify  and  save  harmless  the 
South  Park  Commissioners  against  all  damages  on 
account  of  the  use  of  said  grounds  for  the  purposes  of 
said  exposition  or  the  passage  of  this  ordinance. 


COMMUNICATION    FROM    THE    WORLD'S    COLUMBIAN  EXPO- 
SITION.    [READ  JANUARY   23,   1893.] 

"Extract  from  the  minutes  of  the  Executive  Com- 
mittee of  the  World's  Columbian  Exposition,  held  Jan- 
uary, 4th,  1898. 

Resolved,  That  the  Secretary  be  instructed  and  di- 
rected to  transmit  a  copy  of  the  action  of  the  executive 
committee  of  October  6th,  1892,  relative  to  an  encamp- 
ment of  troops  in  Washing-ton  Park,  to  the  Board  of 
South  Park  Commissioners  and  to  state  to  said  board 
that  it  is  the  sense  of  the  executive  committee  that  this 
corporation  has  no  claim  upon  Washington  Park  for 
the  uses  of  the  exposition,  and  does  not  and  will  not 
assert  any  claim  thereto. 

I  hereby  certify  that  the  above  is  a  true  and  correct 
copy  of  an  extract  from  the  minutes  of  the  executive 
committee  of  the  World's  Columbian  Exposition,  held 
January  4th,  1893,  and  that  I  am  the  lawful  custodian 
of  the  records  of  said  committee. 

Witness  my  hand  and  the  seal  of  the  coi'poration 
this  20th  day  of  January,  A.  D.  1893. 
(Seal.) 

(Signed)  H.  O.  EDMONDS,  Secretary. 


WORLD'S  COLUMBIAN  EXPOSITION.  297 

AN  ORDINANCE  REPEALING  AN  ORDINANCE  ENTITLED  "AN 
ORDINANCE  TO  ALLOW  THE  USE  OF  WASHINGTON  PARK 
FOR  THE  PURPOSES  OF  THE  WORLD'S  COLUMBIAN  EXPO- 
SITION.    [PASSED  JANUARY  23,  1893.] 

BE  IT  ORDAINED  BY  THE  SOUTH  PARK  COMMISSIONERS. 

Section  1.  That  the  ordinance  entitled  "An  ordi- 
nance to  alloAV  the  use  of  Washington  Park  for  the  pur- 
poses of  the  World's  Columbian  Exposition,"  passed 
September  23d,  1890,  be  and  the  same  is  hereby  re- 
pealed. 


INDEX. 


Abusive  language 33,  §  76 ;    38,  §  91 

Act,  lewd  or  indecent 38,  §  91 

Actions — see  Suits. 

Advertisements,   display  of 35,  §  82 

Advertisements,  distribution  of  circulai'S,  etc 38,  §  93 

Alms,  receiving  in  parks 36,  §  87 

Amendments  to  statement  of  cause  of  action 6,  §    3 

Animals,   in  park  waters,   disturbing 34,  §  78 

Animals,  cruelty  to 37,  §  89 

Animals,   domestic,  at  large 13,  §  20 

Animals,  driving  of 13,  §  21 

Animals,  hitched  when  standing 16,  §  32 

Animals,  hitching  to  lamp  posts,  etc 16,  §  29 

Animals,    leading    14,  §  23 

Animals,  on  grass  and  footpaths 14,  §  25 

Animals,    prohibited 13,  §  22 

Animals,  sending  into  waters 34,  §  78 

Animals,  two  abreast 14,  §  24 

Annual  meeting 30,  §  65 

Arrest,  without  process 8,  §    9 

Arrest,  who  may  make 8,  §  10 

Ashes  on  sidewalks,  etc 35,  §  83 

Assessment,    authorized    for    making    boulevards   of   uniform 

width   104,  §    3 

Assessment,  how  made 58,  §    7 

Assessment,  proceedings  under 75  §    3 

Assessment,  payment  of,  with  bonds 65,  §  17 

Assessment,  improvement  of  streets  taken  for  boulevards. . .  .87,  §    2 

amendment  89,  §    1 

Assessment,  improvement  of  streets  taken  for  boulevards 93,  §    2 

Assessment,  improvements  by,   commissioners   authorized  to 

levy 126,  §  1-2 

Assessment,   improvement   by,   proceedings 127,  §  3-22 

Assessment,  maintenance  of  boulevards,  assessor — duty 124,  §  4 

Assessment,  maintenance  of  boulevards,    notice  of  confirma- 
tion— objections 3  24,  §    3 

Assessment,  maintenance  assessment  roll  of  boulevards. ..  .123,  §    2 
Assessment,  maintenance  of  boulevards,  who  may  levy — limitl22,  §    1 


300  INDEX. 

Assessors  to  be  appointed 58,  §    7 

Assistants,  appointment    x 42,  §  104 

Atchison,  Topeka  &  Santa  Pe  R.  R 169 

Attire — see  Dress. 

Attorney   44  §  114 

Awnings 22,  §  47 

B. 

Bail,  arrest  at  nigtit  or  Sunday 10,  §  14 

Bail,  judgment  against  surety 10,  §  14 

Bail,  property   taken    as 9,  §  13 

Bail,  sale  of  personal  property 10,  §  14 

Bail,  special    9,  §  12 

Balconies,  projecting  into  streets 21,  §  45 

Band,  parade  of .34,  §  77 

Bathing  in  waters  of  parks 34,  §  78 

Beggars,  imprisonment  of 40,  §  99 

Begging 36,  §  87 

Bells  on  sleigh 14,  §  23 

Bicycle  as  bail — pledge 9,  §  13 

Bicycle,  club  runs 34,  §  77 

Bicycle — see  Vehicles. 

Bills,  filed  with  secretary 28,  §  61 

Bills,  payment  of  28,  §  61 

Bills,  posting  of 35,  §  81 

Birds,  killing  or  throwing  at 38,  §  92 

Bond,   of   commissioners 54,  §    1 

Bond  of  contractor  27,  §  58 

Bond,  obstruction  on  streets 23,  §  50 

Bonds,  for   deficiency 61,  §    8 

Bonds,  improvement  for  Fair  120,  §    4 

Bonds  issued  to  retire  old  bonds 71,  §    2 

Bonds  issued,  original 68,  §    2 

Bonds,  ordinance  to  issue  bonds  for  World's  Fair  Improve- 
ment   172 

Bonds,  payment   of    assessment   with 65,  §  17 

Books,  obscene   39,  §  96 

Boulevards,  assessment  for  improvement  of  streets  taken 87,  §    2 

Boulevards,  building  material  on,  plans  to  be  submitted 23,  §  49 

Boulevards,  commissioners  authorized  to  take  streets  for 87,  §    1 

Boulevards,  improvement  of  streets  taken  for 93,  §    2 

Boulevards,  maintenance  of  = 122 

Boulevards,  moving  buildings  on  24,  §  51 

Boulevards  on  Lake  Shore,  extension  of Ill,  §    1 

Boulevards,  on  Lake  Shore,  plan  of,  etc 112,  §    2 

Boulevards,  on  Lake  Shore,  submerged  lands , . .  112,  §    3 


INDEX.  301 

Boulevards,  power  of  commissioners  over 88,  §    3 

Boulevards,  special  assessment  for  maintenance  of 122 

Boulevards,  taking  up  roadway,  bond 23,  §  50 

Boulevards,  streets  taken  as 91 

Boulevards,  streets  taken  as,  by  commissioners 93,  §    1 

Boulevards,  streets  taken  as,  power  of  commissioners  over.. 94,  §    3 

Boundaries,  alterations  in,  damages 82  §    4 

Boundary  lines,  original   135 

Boundary  lines,    situation   of 137 

Boundary  lines,  alteration  of,  under  order  of  court 145 

Breach  of  peace   36,  §  86 

Buildings,  awnings 22,  §  47 

Buildings — extension  over  boulevards,  etc 21  §  44 

Buildings — injury  to   34,  §  79 

Buildings — moving  of  on  streets 24,  §  51 

Buildings — projection  of  lamps,  windows,  balconies,  etc 21,  §  45 

Buildings — vaults   22,  §  46 

Building  material  on  streets,  bond 23,  §  50 

Building  material  on  streets,  plans  submitted 23,  §  49 

Building  material,  permit  for  deposit 25,  §  52 

C. 

Carriage  walks,  composition 17,  §  35 

Carriage  walks,  grade  and  location 18,  §  37 

Carriage  walks,  how  laid 18,  §  36 

Carriage  walks,  width 17,  §  34 

Cause  of  action — see  statement  of. 

Charter,  authorizing  park  district 53 

Charter,   amendment   to 68 

Cheating  device  39,  §  97 

Chicago  City  Railway  Company,  across  Drexel  boulevard,  at 

Forty-seventh  street  232 

Chicago  City  Railway  Company,  crossing  Garfield  boulevard, 

at  Ashland  avenue   207 

Chicago  City  Railway  Company,  across  Garfield  boulevard,  at 
Ashland  avenue,  and  Western  avenue  at  Archer  avenue, 

change  to  electric  power 225 

Chicago  City  Railway  Company,  crossing  Garfield  boulevard       " 

at  Wentworth  avenue  and  Halsted  street 201 

Chicago  City  Railway  Company,  crossing  at  Garfield    boule- 
vard and  State  street 198 

Chicago  City  Railway  Company,  across  Garfield  boulevard  at 

Center   avenue    238 

Chicago  City  Railway  Company,  across  Garfield  boulevard,  at 

Halsted  street,  change  in  motive  power 214 

Chicago  City  Railway  Company,  crossing  at  Grand  Boulevard       196 


302  ■  INDEX. 

Chicago   City  Railway   Company,   crossing  Grand  boulevard 

and  Mictiigan  avenue,  at  Forty-seventh  street 209 

Chicago  City  Railway    Company,   across    Michigan    avenue, 
Grand  boulevard,  Drexel  boulevard,  at  Forty-third  street; 
Michigan  avenue,  at  Twenty-sixth  street;    Western  ave- 
nue boulevard,  at  Archer  avenue 205 

Chicago  City  Railway  Company,  across  Michigan  avenue  at 
Twenty-sixth  street,  Thirty-first  street  and  Forty-third 
street;  across  Grand  boulevard  at  Forty-third  street;  and 
Drexel  boulevard  at  Forty -third  street;    change  to  electric 

power   221 

Chicago  City  Railway  Company,  crossing  Michigan  avenue  at 

Thirty-first  street  199 

Chicago  City  Railway  Company,  across  Michigan  avenue  at 
Thirty-ninth  street;  Grand  boulevard  at  Thirty-ninth 
street,    and    Garfield    boulevard  at    Wentworth    avenue; 

change  to  electric  power 217 

Chicago  City  Railway  Company,  across  Michigan  avenue  at 

Fifty-first  street;    change  to  electric  power 235 

Chicago  City  Railway  Company,  crossing  Oakwood  boulevard, 

Drexel  entrance,  Midway  Plaisance  203 

Chicago  City  Railway  Company,  across  Thirty-fifth  street  at 
Indiana  avenue,  and  across  Michigan  avenue  at  Eight- 
eenth street;     change  in  motive  power 241 

Chicago  City  Railway  Company,  across  Western  avenue  boule- 
vard at  Forty-seventh   street 229 

Chicago  City  Railway  Company,  across  Western  avenue  boule- 
vard at  Thirty-fifth  street;    amendment  regarding  motive 

power  213 

Chicago  City  Railway  Company,  across  Western  avenue  boule- 
vard at  Thirty-fifth  street   211 

Chicago,  Rock  Island  &  Pacific  Railway  Company,  elevation 

of  tracks  over  Garfield  boulevard  257 

Chicago  Telephone  Company 245 

Chicago  &  Calumet  Horse  &  Dummy  Railway  Company 180 

Chicago  &  Northern  Pacific  Railroad  Company 182 

Chicago  &  South  Side  Rapid  Transit  Railroad  Company 186 

Chicago  &  Western  Indiana  Railroad  Company 189,  193 

Circulars,  distribution  of 38  §  93 

Clerks,   appointment    42  §  104 

Coal  on  planting  spaces,  etc 35  §  84 

Commissioners,  appointment  by  Governor  authorized. ..... .109,  §    2 

Commissioners,  appointment  by  Governor  illegal — See  note..        110 

Commissioners,    board    of    54  §    1 

Commissioners  declared  corporate  authorities 70,  §    1 

Commissioners,  first  appointed 53,  §    1 

Commissioners,  judges  not  to  appoint 109,  §    1 


INDEX.  303 

Commissioner  not  to  have  personal  interest  in  contracts 63  §  11 

Commissioners'  oath   54  §    1 

Commissioners,  power  of,  over  lands  acquired  from  municipal- 
ity   102  §    2 

Commissioners,  power  over  streets  taken  as  boulevards 88  §    3 

Commissioners,  power   over   submerged    lands 112,  §    3 

Commissioners,  power  to  govern  parks 64,  §  13 

Commissioners,  power  to  take  streets  adjoining  parks 69,  §    5 

Commissioners,  removal    69,  §    4 

Commissioners,  report  of,  to  County  Board 84,  §    5 

Commissioners,  term  of  office 54,  §    2 

Commissioners  to  receive  city  park  funds 64,  §  16 

Commissioners,  vacancies 55,  §    2 

Commissioners    vacancy  for  non-attendance 64,  §  14 

Commissioners,  vacancy,  how  certified 110,  §    3 

Commitment 10,  §  16 

Committees   30,  §  67 

Common,  travel  on 34,  §  80 

Complaint,  warrant  to  issue 7,  §    7 

Condemnation,  assessment,  how  made  58,  §    7 

Condemnation,  assessors  appointed 58,  §    7 

Condemnation,  deficiency  for  acquiring  lands 61,  §    S 

Condemnation  of  lands  to  be  taken 57,  §    5 

Condemnation,  to  make  boulevards  of  uniform  width 103,  §§  1-2 

Consent  to  transfer  of  parks 102,  §    1 

Construction  of  words,   etc 45,  §  118 

Continuance — special   bail    9,  §  12 

Contracts,  advertised 27,  §  56 

Contracts,  commissioners  no  personal  interest 63,  §  11 

Contracts,  contractor's  bond 27,  §  58 

Contracts,  execution  of 27,  §  57 

Contract,  for  free  water 158 

Corporate  authorities,  commissioners  declared  to  be 70,  §    1 

Corporate  authorities,  commissioners  are,  cases  cited 85 

Costs,   suit   for 6,  §    4 

Crossings,  obstructions  by  railroads 50,  §  130 

Cross-walks,   obstructions   on 16,  §  31 

Cruelty   to  animals 37,  §  89 

D. 

Danger  signals,  on  obstructions 25,  §  53 

Deficiency  for  acquiring  lands,  bonds 61,  §    8 

Deformed  person,  exposure  of 37,  §  90 

Deposit,  openings  for  house  connections 19,  §  40 

Deposit,  refunding  of,  for  connections 20,  §  43 

Disorderly  conduct 36,  §  86 


304  INDEX. 

Disorderly  person,  what  may  constitute 38,  §  91 

Disturbance .^ 36,  §  86 

Domestic  animals — see  Animals. 

Dress  of  other  sex,  appearance  in 36,  §  88 

Dress,  scant  or  indecent,  etc 36,  §  88 

Drexel  boulevard,  Chicago  City  Railway  Company  crossing  at 

Forty-third  street 205 

Drexel  boulevard,  Chicago  City  Railway  Company  crossing  at 

Forty-third  street;  change  to  electric  power 221 

Drexel  boulevard,  Chicago  City  Railway  Company  crossing  at 

Forty-seventh  street 232 

Drexel  entrance,  crossing  of  Chicago  City  Railway  Company...       203 

Drexel  entrance,  main  of  Universal  Gas  Company,  across 274 

Driveways  on  Lake  Shore Ill 

Driveways  on  Lake  Shore,  title  and  control  of  made  lands. ..113,  §    4 

Drives  to  public  parks 87 

Drunkards,  imprisonment  of 40,  §  99 

Drunkenness 33,  §  76;  39,  §  95 

E. 

East  Jackson  street — see  Jackson  street. 

Election  confirmed 70,  §    6 

Election,  submission  of  charter  to  voters 65,  §  18 

Employes,  interference  with 33,  §  74 

Engineer 44,  §  112 

Escape  from  police 48,  §  126 

Expenditures,   resolution   of   board   necessary 29,  §  62 

Exposition — see  World's  Fair. 

F. 

Fence  around  grass  plots 36,  §  85 

Field  Columbian  Museum  125 

Field  Columbian  Museum,  to  be  maintained  in  Jackson  Park..        246 

Field  Columbian  Museum,  located  in  Lake  Park 163,  §§  3-6 

Fine,  imprisonment  for  non-payment 11,  §  17 

Fine,  maximum,  where  minimum  only  expressed 45,  §  117 

Fine,  power  to  remit 11,  §  18 

Fine,  suit  for 6,  §    3 

Fire-arms 33,  §  73 

Fire-works    33,  §  73 

First  process,  summons 6,  §    5 

Fishing  in  park  waters 34,  §  78 

Flag,  etc.,  display  of 34,  §  77 

Flagman,  at  railroad  crossings 50,  §  128 

Foot  paths,  animals  and  vehicles  on 14,  §  25 


INDEX.  305 

Forfeitures,  suit  for 6,  §    4 

Fortune-telling 33,  §  76 

Funds,  surplus,  application  of 84,  §    5 

Funeral  procession 15,  §  27 

G. 

Gamblers,  imprisonment  of  40,  §  99 

Gambling,  any  game  to  cheat  or  defraud 39,  §  97 

Games,  of  chance 33,  §  76 

Games  to  cheat  or  defraud 39,  §  97 

Games,  frightening  horses  with 33,  §  72 

Games,  playing  of 32,  §  71 

Garbage  on  sidewalks,  etc 35,  §  83 

Gardener 44,  §  113 

Garfield  boulevard,  Chicago  City  Railway  Company  crossing 

at  Wentworth  avenue  and  Halsted  street 201 

Garfield  boulevard,  Chicago  City  Railway  Company  crossing 

at  Wentworth  avenue,  change  to  electric  power 217 

Garfield  boulevard,  Chicago  City  Railway  Company  crossing 

at  Center  avenue ." ,       238 

Garfield  boulevard,  Chicago  City  Railway  Company  crossing 

at  Halsted  street,  change  to  electric  power 214 

Garfield  boulevard,  crossing  of  Chicago  City  Railway  Com- 
pany         198 

Garfield  boulevard,  Chicago  City  Railway  Company  crossing 

at  Ashland  avenue,  change  to  electric  power 225 

Garfield  boulevard,  Chicago  City  Railway  Company  crossing 

at  Ashland  avenue 207 

Garfield  boulevard,  crossing  of  Chicago   &   Northern  Pacific 

Railroad  Company 182 

Garfield  boulevard,  crossing  of  C.  &  S.  S.  R.  T.  R.  R 186 

Garfield  boulevard,  crossing  of  C.  &  W.  I.  R.  R.  Co 189,  193 

Garfield  boulevard,  elevation  of  tracks  of  L.  S.  &  M.  S.  Ry.  Co. 

and  C,  R.  I.  &  P.  R.  Co 257 

Garfield  boulevard,  elevation  of  P.,   F.  W.  &  C.  R.   R.   Co. 

tracks,   across 264 

Gates  at  railroad  crossings 50,  §  128 

Goods  in  street,  etc 39,  §    94 

Grand  boulevard,  crossing  of  C.  C.  R.  Co. 196 

Grand    boulevard,   C.   C.   Ry.   Co.    crossing    at    Thirty-ninth 

street,  change  to  electric  power 217 

Grand  boulevard,  C.  C.  Ry.  Co.  crossing  at  Forty-third  street, 

change  to  electric  power 221 

Grand  boulevard,  C.  C.  Ry.  Co.  crossing  at  Forty-third  street..  205 
Grand  boulevard,  crossing  of  Chicago  C.  Ry.  Co.  at  Forty- 
seventh  street 209 


306  INDEX. 

Grass,  animals  and  vehicles  on 14,  §  25 

Grass  plots— nsee  Planting  Spaces.     , 

H. 

Hand   bills,   distribution  of 38,  §  93 

Highway,  closing  of,  by  commissioners 63,  §  10 

Hooden 252 

Horses,  frightening,  by  sport. 33,  §  72 

House  connections,  deposit    19,  §  40 

House  connections,  deposit  refunded 20,  §  43 

House  connections,  how  made 19,  §  42 

House  connections,  openings  for,  permit 18,  §  39 

House  connections,  stop-cock  boxes 18,  §  38 

House  connections,  removal  of  sidewalks 19,  §  41 

Hyde  Park  Gas  Co.,  main  across  Midway  Plaisance 251 

I. 

Imprisonment  for  non-payment  of  fine 11,  §  17 

Improvement  and  maintenance  of  parks 105 

Improvements  by  special  assessment — see  Assessment. 

Indecent  acts 33,  §  76;  38,  §  91 

Injury  to  park  property 34,  §  79 

J. 

Jackson  Park,  Japanese  Building,  in 252 

Jackson  Park,  use  of,  for  World's  Fair 275 

Jackson  street,  ordinance  of  city  making  transfer 154 

Jackson  street,  ordinance  transferring  street,  amendment  to..        157 

Jackson  street,  ordinance  taking 159 

Jackson  street,  resolution  accepting 161 

Japanese  Building  in  Jackson  Park 252 

Judgment,  against  surety 10,  §  14 

Judgment,  commitment 10,  §  16 

L. 

Lake  Park,  ordinance  taking  control  of 166 

Lake  Park,  ordinance  of  city  transferring  part  of  park 162 

Lake  Shore  &  Michigan  Southern  Ry.  Co.,  tracks  over  Gar- 
field boulevard 257 

Lamps  on  vehicles,  lighted 1 6,  §  30 

Lamps,  projecting  into  streets,  etc 21,  §  45 

Lands,  condemnation  authorized 57,  §    5 

Lands,  change  in  lands  described  in  original  charter 68,  §    1 

Lands,  change  in  boundary - 137 


INDEX.  307 

Lands,  made  by  extension  of  shore  drives,  title  and  control 

of 113,  §    4 

Lands,   map  of 58,  §    (> 

Lands  originally  taken 135 

Lands,  sale  of,  not  needed  for  park  purposes 108 

Lands,  submerged,  power  of  board 112,  §    3 

Lands  to  be  taken,  description  of 55,  §    4 

Language,  obscene  or  abusive 33,  §  76;  38,  §  91 

Lewd  act  or  behavior 36,  §  88;  38,  §  91 

Life  saving  station 255 

Lights,  prismatic 23,  §  48 

Logan  Monument,  commissioners  appointed 114,  §    1 

Logan  Monument,  commissioners,  compensation  of 114,  §    2 

Logan  Monument,  appropriation 115,  §    3 

Logan  Monument,  location  in  park  authorized 115,  §    1 

M. 

Map  of  lands  taken 58,  §    6 

Maximum  fine  where  minimum  only  expressed 45,  §  117 

Meetings,    annual 30,  §  65 

Meetings,  quorum 30,  §  66 

Meetings,  regular 30,  §  63 

Meetings,   special 30,  §  64 

Meetings,  vote 31,  §  69 

Mendicants,  imprisonment  of 40,  §  99 

Merchandise,  etc.,  in  street 39,  §  94 

Michigan   avenue   to    Thirty-fifth    street,   taken    by    commis- 
sioners            147 

Michigan  avenue  to  Thirty-fifth  street,  ordinance  of  city..        148 
Michigan  avenue,  between  Thirty-fifth  and  Fifty-fifth  streets, 

taken 150 

Michigan    avenue,    between    Thirty-fifth    and    Thirty-ninth 

streets,  city  ordinance  tiansfering 150 

Michigan  avenue,  between  Thirty-ninth  and  Fifty-fifth  streets, 

Hyde  Park  ordinance 152 

Michigan  avenue,  C.  C.  Ry.  Co.  crossing  at  Eighteenth  street, 

change  to  electric  power 241 

Michigan  avenue,  crossing  of  C.  C.  Ry.  Co.  at  Twenty-sixth 

street 205 

Michigan  avenue,  C.  C.  Ry.  Co.  at  Twenty-sixth  street,  Thirty- 
first    street    and   Forty-third-  street,   change   to   electric 

power 221 

Michigan  avenue,  crossing  of  C.  C.  Ry.  at  Thirty-first  street. .        199 
Michigan  avenue,  C.  C.  Ry  Co.  crossing  at  Thirty-ninth  street, 

change  to  electric  power 217 

Michigan  avenue,  C.  C.  Ry.  Co.  crossing  at  Forty-third  street.       205 


308  INDEX. 

Michigan  avenue,  crossing  of  C.  C.  Ry.  Co.  at  Fort3'-seventh 

street 209 

Michigan  avenue,  C.  C.  Ry.  Co.  at  Fifty-first  street 235 

Michigan  avenue,  crossing  of  C.  &  S.  S.  R.  T.  R.  R.  Co 186 

Midway  Plaisance,  use  of  for  World's  Fair 275 

Midway  Plaisance,  crossing  of  C.  C.  Ry.  Co 203 

Midway  Plaisance,  main  of  Universal  Gas  Co.,  across 274 

Midway  Plaisance,  Mutual  Fuel  Gas  Co.,  pipes  across 263 

Military  company,  etc.,  drill,  etc.,  of 34,  §  77 

Misdemeanor,  bathing  or  disturbing  animals  in  park  waters.  .34,  §  78 

Misdemeanor,    breach    of   peace,    disturbance,    etc 36,  §  86 

Misdemeanor,  ci-uelty  to   animals 37,  §  89 

Misdemeanor,  displaying   placards    35,  §  82 

Misdemeanor,    drunkenness    39,  §  95 

Misdemeanor,  dumping  coal  on  sidewalks,  etc 35,  §  84 

Misdemeanor,  exposure  of  deformed  person 37,  §  90 

Misdemeanor,  fence  around  grass  plots 36,  §  85 

Misdemeanor,  firearms,   missiles   and   fireworks 33,  §  73 

Misdemeanor,  frightening   horses    by   sport 33,  §  72 

Misdemeanor,  game  or  device  to  cheat  or  defraud 39,  §  97 

Misdemeanor,  games 32,  §  71 

Misdemeanor,  garbage  on  roadways,  etc 35,  §  83 

Misdemeanor,  indecent  dress  or  act 36,  §  88 

Misdemeanor,  indecent  language,  gambling,  drunkenness 33,  §  76 

Misdemeanor,  injury  to   park  property 34,  §  79 

Misdemeanor,  interference  with  employes 33,  §  74 

Misdemeanor,  killing  birds 38,  §  92 

Misdemeanor,  obscene  books,   etc 39,  §  96 

Misdemeanor,  obstruction  of  streets  with  goods,  etc 39,  §  94 

Misdemeanor,  openings    in   sidewalks 40,  §  98 

Misdemeanor,  parades,  runs,  banners,  etc 34,  §  77 

Misdemeanor,  peddling,  etc 33,  §  75 

Misdemeanor,  posting  notices,  bills,  etc 35,  §  81 

Misdemeanor,  removal  of  snow  from  walks 40,  §  100 

Misdemeanor,  travel,  on  grass 34,  §  80 

Misdemeanor,  vagrancy   36,  §  87 

Misdemeanor,  vagrants,  beggars,  prostitutes,  imprisonment  of.40,  §  99 

Misdemeanor,  what  may  be  disorderly  person 38,  §  91 

Missiles,  throwing  in  parks,  etc 33,  §  73 

Money,  expended  on  resolution 29,  §  62 

Moving  buildings  on  streets 24,  §  51 

Museums  in  parks,  erection  and  use 125,  §    1 

Musical  instrument,  playing  of 34,  §  77 

Mutual  Fuel  Gas  Company,  pipes  across  Midway  Plaisance...        263 


INDEX.  SOS 


N. 


Notices,   posting  of 35,  §  81 

Nudity,  appearance  in  state  of 36,  §  88 

Nuisance,  what  may  constitute 39,  §  94 

O 

Oakwood  boulevard,  crossing  of  C.  C.  Ry.  Co 203 

Oakwood  boulevard,  crossing  of  C.  &  C.  H.  &  D.  Ry 180 

Oath   of  commissioners 51,  §    1 

Obscene  books  and  pictures,  etc 39,  §  96 

Obscene  language 33,  §  76;  38,  §  91 

Obstructions  in  streets,  permit 25,  §  52 

Obstructions,     goods   and    merchandise 39,  §  94 

Obstructions,  danger  signals,  sidewalk 25,  §  53 

Obstructions,    removal   by   commissioners 26,  §  54 

Offense,  two  penalties  for  same,  one  recovery 45,  §  116 

Offenses,  different — recovery  for  one  violation  no  bar 6,  §  5 

Office,    term   of 54,  §    2 

Officers  of  the  board 54,  §    2 

Officers  of  the  board,  election  of 55,  §    3 

Officers,  attorney 44,  §  114 

Officers,  clerks   and   assistants 42,  §  104 

Officers,  engineer 44,  §  112 

Officers,  gardener   44,  §  113 

Officers,  not  provided  by  charter 42,  §  102 

Officers,  removal  of 42,  §  103 

Officers,  salaries 42,  §  105 

Officers,    secretary,    duties 43,  §  106-8 

Officers,  superintendent   43,  §  110-111 

Officers,  treasurer  43,  §  109 

Openings  in  sidewalks 40,  §  98 

Order  in  Circuit  Court,  entered  May  20,  1872 140 

Ordinance  of  city  transferring  Lake  Park 162 

Ordinance  of  city  transfei'ring  Jackson  street 154, 157 

Ordinance  of  Hyde  Park,  transfer  of  Michigan  avenue   be- 
tween Thirty-ninth  and  Fifty-fifth  streets 152 

Ordinance    of   city,    transfer    of    Michigan    avenue,    between 

Thirty-fifth  and  Thirty-ninth  streets 150 

Ordinance  of  city,  transferring  Michigan  avenue  to  Thirty- 
fifth  street  148 

Ordinances,  construction  of  words,  etc 45,  §  118 

Ordinances,  in  writing 31,  §  68 

Ordinances,  record  of  45,  §  115 


310  INDEX. 


Pamphlets,  distribution  of 38,  §  93 

Parades  of  bands,  etc 34,  §  77 

Park  property,  injury  to 34,  §  79 

Parks,  altering  location,  damages 82,  §    4 

Parks,  change  in  boundary 137 

Parks,  government  and  control  of  64,  §  13 

Parks,  lands  originally  taken 55,  §    4 

Parks,  lands,  description  of 135 

Parks,  streets  adjoining,  may  be  taken 69,  §    5 

Parks,  use  of  for  World's  Fair 120,  §    3 

Parks  under  control  of  municipality,  municipality  may  vest 

control 103,  §    4 

Parks  under  control  of  municipality,  power  of  commissioners 

over 102,  §    2 

Parks  under  control  of  municipality,  reversion  to  corporate 

authorities 103,  §    3 

Parks  under  control  of  municipality,  transfer  authorized . . .  102,  §    1 

Payment  of  bills,  filed  and  presented  to  board 28,  §  61 

Peddling  33,  §  75 

Person,  exposure  of  mutilated  or  deformed,  etc 37,  §  90 

Penalties,  suit  for 6,  §    4 

Penalties,  two,  only  one  recovery 45,  §  116 

Penalty,  general  12,  §  19 

Penalty,  violation  of  Chap.  II 16,  §  33 

Penalty,  violation  of  Chap.   IV 26,  §  55 

Penalty,  Chap.  VII 41,  §  101 

Penalty  for  not  maintaining  flagmen 50,  §  129 

Penalty,  obstructing  at  railroad  crossing 51,  §  131 

Penalty,   where  not  provided 46,  §  119 

Pennsylvania  Company  264 

Pictures,  obscene,  selling  or  giving  away 39,  §  96 

Pittsburg,  Cincinnati,  Chicago  &  St.  Louis,  additional  tracks 

across  Western  avenue 270 

Pittsburg,  Fort  Wayne  &  Chicago  R.  R.   Co.,   elevation  of, 

across  Garfield  boulevard 264 

Placards,  display  of 35,  §  82 

Plans  of  boulevards  extended  on  Lake  Shore 112,  §    2 

Planting-spaces,  ashes  and  garbage  on 35,  §  83 

Planting-spaces,  dumping  coal  on 35,  §  84 

Planting-spaces,   fence  around 36,  §  85 

Police,  appointment  and  removal 47,  §  122 

Police,  number,  captain 47,  §  120 

Police,  duties 48,  §  124 

Police,  escape  from,  assisting  to 48,  §  126 


INDEX.  311 

Police,  impersonation  of 48,  §  127 

Police,  interference  with 48,  §  126 

Police,  powers   48,  §  125 

Police,  requirements   47,  §  121 

Police,  resisting    48,  §  126 

Police,  special    48,  §  123 

Posting  notices,  etc 35,  §  81 

President's  power  to  remit   fine 11,  §  18 

Prismatic  lights 23,  §  48 

Prisoners,  detention  till  trial 9,  §  11 

Processions,   funeral 15,  §  27 

Procession,  military  company,  etc .' 34,  §  77 

Projections  in  streets,  etc 21,  §  44 

Projections — lamps,  windows,  balconies,  etc 21,  §  45 

Prosecutions — see  Suits. 

Prostitutes,   imprisonment   of 40,  §  99 

O. 

Quorum    30,  §  66 

R. 

Railroads,  obstructing  crossings    50,  §  130 

Railroads,  penalty  for  not  maintaining  flagmen 50,  §  129 

Railroads,  to  maintain  flagmen  or  gates 50,  §  128 

Railroad,  Atchison,  Topeka  &  Santa  Fe  Railroad 169 

Railroad,  Chicago   City   Railway   Company 196 

Railroad,  Chicago,  Rock  Island  &  Pacific  Railroad  Company 

elevation  of  tracks  over  Garfield  boulevard 257 

Railroad,  Chicago  &  Calumet  Horse  &  Dummy  Railroad  Com- 
pany             180 

Railroad,  Chicago  &  Northern  Pacific  Railroad  Company 182 

Railroad,  Chicago  &  South  Side  Rapid  Transit  Railroad  Com- 
pany            186 

Railroad,  Chicago  &  Western  Indiana  Railroad  Company. ..  .189,  193 
Railroad,  Grand  Trunk  Railroad,  crossing  Western  avenue. . .         248 
Railroad,  Lake  Shore  &   Michigan   Southern   Railway   Com- 
pany, elevation  of  tracks  over  Garfield  boulevard 257 

Railroad,  Pennsylvania  Company,  elevation  of,   across  Gar- 
field  boulevard    264 

Railroad,  Pittsburg,  Cincinnati,   Chicago  &  St.    Louis,   addi- 
tional tracks  across  Western  avenue 270 

Record  of  ordinances  45,  §  115 

Record,  secretary  to  keep 43,  §  107 

Recovery,  only  one,  where  two  penalties 45,  §  116 

Report  of  commissioners  to  County  Board 84,  §    5 


3-12  INDEX. 

Reports,  action  on  deferred 31,  §  70 

Reports  in  writing , 31,  §  68 

Reversion   of   streets   taken    as    boulevards 94,  §  4;  88,  §    4 

Riot   36'§86 

Roads,  closing  of,  by  commissioners 63,  §  10 

S. 

Salaries    42,  §  105 

Sale  of  lands  not  needed 108 

Sale  of  articles  in  parks,  etc 33,  §  75 

Seal  of  commissioners 55,  §    2 

Secretary,  duties 43,  §  106-8 

Sidewalks  around   obstruction 25,  §  53 

Sidewalks,  dangerous  openings  in 40,  §  98 

Sidewalks,  dumping    coal    on 35,  §  84 

Sidewalks,  garbage  on 35,  §  83 

Sidewalks,  goods   and   merchandise    on 39,  §  94 

Sidewalks,  removal  of  for  openings 19,  §  41 

Sidewalks,  removal  of  snow  from 40,  §  100 

Sleigh,    bells    on 14,  §  23 

Snow,  removal  of,  from  walks 40,  §  100 

Soliciting  passengers  for  vehicles. 15,  §  26 

Special  assessment— see  Assessment. 

Speed  of  vehicles 14,  §  24 

Statement  of  cause  of  action 5,  §    2 

Statement  of  cause  of  action,  amendments  to 6,  §    3 

Statement  of  cause  of  action,  defect  in  form 6,  §    3 

Statement  of  cause  of  action,  several  persons  included 6,  §    3 

Statutes,  act  authorizing  park  district,  Feb.  24,  1869 53 

Statutes,  act  athorizing  renewal   bonds  and   special   assess- 
ment, June  16,  1871 70 

Statutes,  amendment  to  charter,  April  16,  1869 68 

Statutes,  act  authorizing  taking  of  streets  and  their  improve- 
ment, April  9,  1879 87 

Statutes,  act  amending  an  act  in  relation  to  streets  taken  as 

boulevards,  June  16,  1885 89 

Statutes,  act  to   amend   act  in   relation  to  streets  taken  as 

boulevards,  June  17,  1895 91 

Statutes,  act  authorizing  taking  of  streets  as  boulevards,  June 

21,   1895 93 

Statutes,  act  to  authorize  transfer  of  public  parks  to  commis- 
sioners, April  11,  1885 102 

Statutes,  act  in  relation  to  widening  streets  taken,  June  14, 

1887 103 

Statutes,  one  mill  tax,  authorized  June  26,  1885 105 

Statutes,  one  mill  additional  tax  authorized  June  17,  1893..        106 


INDEX.  313 

Statutes,  two  mills  additional  tax  authorized  June  17,  1895...         107 
Statutes,  sale  of  lands  not  needed  for  park  purposes,  June  16, 

1887   108 

Statutes,  appointment  by  judges  prohibited.  May  30,  1891 109 

Statutes,  extension  of  drives  on  Lake  Shore  authorized,  June 

4,   1889    Ill 

Statutes,  act  authorizing  Logan  monument,  Feb.  10,  1887 114 

Statutes,  act  permitting  location  of  Logan  monument  in  park. 

May  31,   1887 115 

Statutes,  act  in  relation  to  World's  Fair,  Aug.  5,  1890 117 

Statutes,  special  tax  for  maintenance  of  boulevards,  June  17, 

1893   122 

Statutes,  museums  in  parks,  June  17,  1893 125 

Statutes,  local  improvements  by  special  assessment,  June  24, 

1895   126 

Stop-cock  boxes    18,  §  38 

Street,  merchandise,  etc.,  in 39,  §  94 

Street  railroads — see  Railroads. 

Streets,  adjoining  parks,  may  be  taken 69,  §    5 

Streets,  termini  of,  in  extended  shore  drive 113,  §    5 

Streets  taken  as  boulevards,  amendment 91 

Streets  taken  as  boulevards,  commissioners  may  take 93,  §    1 

Streets  taken  as  boulevards,  power  granted,  consents 87,  §    1 

Streets  taken  as  boulevards,  condemnation  to  make  of  uni- 
form width,   authorized 103,  §  1-2 

Streets  taken  as  boulevards,  consent  of  corporate  authorities 

and  abutting  property  owners   necessary 93,  §    1 

Streets  taken  as  boulevards,  controlled  by  commissioners 94,  §    3 

Streets  taken  as  boulevards,  improvement  of,  by  special  as- 
sessment     93,  §    2 

Streets  taken  as  boulevards,  improvement  of  streets  already 

taken 95,  §    6 

Streets  taken  as  boulevards,  municipality  may  confer  con- 
trol    89,  §    5 

Streets  taken  as  boulevards,  municipality  may  vest  control . .  95,  §    5 
Streets  taken  as  boulevards,  power  of  commissioners  over. .  .88,  §    3 
Streets  taken  as  boulevards,  reversion  of,  to  corporate  author- 
ities    88,  §    4 

Streets  taken  as  boulevards,  reversion  of,  to  original  authori- 
ties    94,  §    4 

Streets  taken  as  boulevards — note  and  decisions 95 

Suit,  continuance   9,  §  12 

Suit,  first   process 6,  §    5 

Suit,  for  fines,  etc 6,  §    4 

Suits,  how  brought ^ 5,  §    1 

Suits,  penalty  on  conviction — see  Penalties. 

Suit,  statement  of  cause 5,  §   2 


314  INDEX. 

Suit,  statement  of  cause,  several  persons  included 6,  §    3 

Suits,  statement  of  cause,  defect  in  iform 6,  §    3 

Suits,  trial,   manner  of 10,  §  15 

Summons,  first  process 6,  §    5 

Summons,  form  of 6,  §    6 

Superintendent 43,  §  110-111 

Superintendent,  authority  of 43,  §  110 

Superintendent,  order  of  commissioners  to 44,  §  111 

Superintendent,  shall   be  engineer 44,  §  112 

Surplus  funds,  application  of 84,  §    5 

T. 

Tax,  yearly,  estimate  for 62,  §    9 

Tax,  one  mill  tax  authorized  tor  maintenance 105 

Tax,  one  mill  additional  authorized 106 

Tax,  two  mills  additional  authorized 107 

Taxation,  property  of  commissioners  exempt 64,  §  15 

Thirty-fifth  street,  part  of,  taken 147 

Thirty-fifth  street,  part  of,  city  ordinance  transferring 148 

Thirty-fifth  street,  C.  C.  Ry.  Co.  crossing  at  Indiana  avenue, 

change  to  electric  power 241 

Traffic  wagons  prohibited 15,  §  28 

Transfer  of  parks  to  commissioners 102 

Travel,  on  "common"  only 34,  §  80 

Treasurer    43,  §  109 

Trees,  etc.,  injury  to 34,  §  79 

Trial,  commitment    10,  §  16 

Trial,  mannei    of    10,  §  15 

U. 

United  States  Life  Saving  Station 255 

Universal  Gas  Company 274 

V 

Vacancies 55,  §    2 

Vacancy,  how  certified  to  Governor 110,  §    3 

Vagrancy  defined 36,  §  87 

Vagrants,  imprisonment  of 40,  §  99 

Vaults 22,  §  46 

Vehicles,  bearing  placard  35,  §  82 

Vehicles,  drawing  more  than  one  at  a  time 14,  §  28 

Vehicles,   interference  with   by  sport 33,  §  72 

Vehicles,  lamps  lighted  at  night 16,  §  30 

Vehicles,  not  more  than  two  abreas* 14,  §  24 


INDEX.  315 

Vehicles,    obstructing   walks 16,  §  31 

Vehicles,   obstruction   of  ways 15,  §  26 

Vehicles,  on  grass  and  foot  paths 14,  §  25 

Vehicles,   bells  on    sleigh 14,  §  23 

Vehicles,  soliciting  passengers  for 15,  §  26 

Vehicles,  speed   of 14,  §  24 

Vehicles,  traffic   wagons   prohibited 15,  §  28 

Vote,  original  charter  to  be  submitted  to 65,  §  18 

Vote,  fair  bonds  to  be  submitted  to  vote 120,  §    4 

Vote,  manner  of 31,  §69 

TV. 

Washington  Park,  use  of,  for  World's  Fair 291 

Washington  Park  not  needed  by  World's  Fair 296 

Washington   Park,    ordinance   allowing   use    of,    for    World's 

Fair,  repealed 297 

Warrant,  form  of 7^  §    g 

Warrant,  issue  on  complaint 7^  §    7 

Warrants,   manner   of   drawing 28,  §  59 

Water,  free,  contract  providing  for 158 

Ways,  obstruction  of,  by  vehicles 15,  §  26 

Western  avenue  boulevard,  C.  C.  Ry.  Co.  crossing  at  Archer 

avenue    205 

Western  avenue  boulevard,  C.  C.  Ry.  Co.  crossing  at  Archer 

avenue,  change  to  electric  power 225 

Western  avenue  boulevard,  C.  C.  Ry.  Co.  crossing  at  Thirty- 
fifth  street 211 

Western  avenue  boulevard,  C.  C.  Ry.  Co.  crossing  at  Thirty- 
fifth  street,  amendment  changing  motive  power 213 

Western  avenue  boulevard,  C.  C.  Ry.  Co.  crossing  at  I'^orty- 

seventh  street 229 

Western  avenue  boulevard,  crossing  of  A.,  T.  &  S.  F.  R.  R 169 

Western  avenue  boulevard,  crossing  of  C.  &  N.  P.  R.  R.  Co. . .        182 

Western  avenue  boulevard,  Grand  Trunk  crossing 248 

Western  avenue  boulevard,  additional  tracks  of  P.,  C,  C.  & 

St.   L.   R.  R.   Co.,  across 270 

Windows,  projecting  into  streets,  etc 21,  §  45 

Words,   construction   of 45,  §  118 

Work,  must  be  authorized  by  resolution 29,  §  62 

World's   Fair — bonds    to   improve   parks — vote 120,  §    4 

World's  Fair  bonds,  ordinance  to  issue,  for  improvement....         172 
World's  Fair,  lands  under  control  of  city  may  be  used  for. .  .118,  §    2 
World's  Fair,  ordinance  allowing  use  of  Jackson  Park,  Mid- 
way Plaisance,  for 275 

World's  Fair,  amendment  to  ordinance  allowing  use  of  Jack- 
son Park   281 


316  INDEX. 

World's  Fair,  ordinance  to  allow  use  of  Washington  Park...        291 

World's  Fair,  ordinance  for  settlement  with 285 

World's  Fair,  parks  may  be  used 120,  §    3 

World's  Fair,  resolution  concerning  claims  against 283 

World's  Fair,  use  of  state  lands  authorized 117,  §    1 

World's  Fair,  Washington  Park,  not  needed 296 

V. 

Yearly  tax,  estimate  for 62,  §    9 


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